Florida Statute 924.051 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

View Entire Chapter

F.S. 924.051

924.051 Terms and conditions of appeals and collateral review in criminal cases.—

(1) As used in this section:

(a) “Prejudicial error” means an error in the trial court that harmfully affected the judgment or sentence.

(b) “Preserved” means that an issue, legal argument, or objection to evidence was timely raised before, and ruled on by, the trial court, and that the issue, legal argument, or objection to evidence was sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefor.

(2) The right to direct appeal and the provisions for collateral review created in this chapter may only be implemented in strict accordance with the terms and conditions of this section.

(3) An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error. A judgment or sentence may be reversed on appeal only when an appellate court determines after a review of the complete record that prejudicial error occurred and was properly preserved in the trial court or, if not properly preserved, would constitute fundamental error.

(4) If a defendant pleads nolo contendere without expressly reserving the right to appeal a legally dispositive issue, or if a defendant pleads guilty without expressly reserving the right to appeal a legally dispositive issue, the defendant may not appeal the judgment or sentence.

(5) Collateral relief is not available on grounds that were or could have been raised at trial and, if properly preserved, on direct appeal of the conviction and sentence.

(6) In a noncapital case, a petition or motion for collateral or other postconviction relief may not be considered if it is filed more than 2 years after the judgment and sentence became final, unless the petition or motion alleges that:

(a) The facts upon which the claim is predicated were unknown to the petitioner or his or her attorney and could not have been ascertained by the exercise of due diligence;

(b) The fundamental constitutional right asserted was not established within the period provided for in this subsection and has been held to apply retroactively; or

(c) The sentence imposed was illegal because it either exceeded the maximum or fell below the minimum authorized by statute for the criminal offense at issue. Either the state or the defendant may petition the trial court to vacate an illegal sentence at any time.

(7) In a direct appeal or a collateral proceeding, the party challenging the judgment or order of the trial court has the burden of demonstrating that a prejudicial error occurred in the trial court. A conviction or sentence may not be reversed absent an express finding that a prejudicial error occurred in the trial court.

(8) It is the intent of the Legislature that all terms and conditions of direct appeal and collateral review be strictly enforced, including the application of procedural bars, to ensure that all claims of error are raised and resolved at the first opportunity. It is also the Legislature’s intent that all procedural bars to direct appeal and collateral review be fully enforced by the courts of this state.

(9) Funds, resources, or employees of this state or its political subdivisions may not be used, directly or indirectly, in appellate or collateral proceedings unless the use is constitutionally or statutorily mandated.

History.—s. 4, ch. 96-248; s. 1842, ch. 97-102; s. 11, ch. 97-313; s. 19, ch. 2000-3.

F.S. 924.051 on Google Scholar

F.S. 924.051 on CourtListener

Amendments to 924.051

Annotations, Discussions, Cases:

Cases Citing Statute 924.051

Total Results: 616

Leonard v. State

760 So. 2d 114, 2000 WL 565100

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1324934

Cited 316 times | Published

2d 512 (Fla.1997), on the issue of whether section 924.051(4), Florida Statutes (Supp.1996), enacted as

Heggs v. State

759 So. 2d 620, 2000 WL 178052

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1421324

Cited 311 times | Published

*623 error on appeal. See Id. at 4; see also § 924.051(3), Fla. Stat. (Supp.1996). Heggs, 718 So.2d at

Goodwin v. State

751 So. 2d 537, 1999 WL 1186439

Supreme Court of Florida | Filed: Dec 16, 1999 | Docket: 1310078

Cited 205 times | Published

CONSTITUTIONAL ERROR, DOES THE ENACTMENT OF SECTION 924.051(7), FLORIDA STATUTES, ABROGATE THE HARMLESS

Jackson v. State

983 So. 2d 562, 33 Fla. L. Weekly Fed. S 357

Supreme Court of Florida | Filed: May 29, 2008 | Docket: 1687975

Cited 188 times | Published

(the Act) which, among other things, created section 924.051, Florida Statutes. See Ch. 96-248, § 4, Laws

Maddox v. State

760 So. 2d 89

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1324543

Cited 171 times | Published

direct appeal in light of the adoption of section 924.051, Florida Statutes (Supp.1996), enacted as part

England v. State

940 So. 2d 389, 2006 WL 1472909

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 433583

Cited 151 times | Published

trial counsel did not meet the requirements of section 924.051, Florida Statutes (2005), by "appris(ing) the

Harrell v. State

894 So. 2d 935, 2005 WL 318570

Supreme Court of Florida | Filed: Feb 10, 2005 | Docket: 1767702

Cited 117 times | Published

by raising them first in the trial court. Section 924.051, Florida Statutes (2000), addresses the "[t]erms

McWatters v. State

36 So. 3d 613, 35 Fla. L. Weekly Supp. 169, 2010 Fla. LEXIS 406, 2010 WL 958069

Supreme Court of Florida | Filed: Mar 18, 2010 | Docket: 1638896

Cited 96 times | Published

argument was not preserved for appellate review. See § 924.051, Fla. Stat. (2006) (providing that appeal may

Hodges v. State

885 So. 2d 338, 2004 WL 2303643

Supreme Court of Florida | Filed: Oct 14, 2004 | Docket: 372944

Cited 81 times | Published

the relief sought and the grounds therefor." § 924.051(1)(b), Fla. Stat. (2002). In Cannady v. State

Jones v. State

998 So. 2d 573, 2008 WL 5333274

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 1340553

Cited 80 times | Published

2008), modified 986 So.2d 560 (Fla.2008) (citing § 924.051(1)(b), Fla. Stat. (2006)); Philip J. Padovano

Nelson v. State

748 So. 2d 237, 1999 WL 343070

Supreme Court of Florida | Filed: May 27, 1999 | Docket: 1504846

Cited 71 times | Published

enunciated in section 924.051, Florida Statutes (Supp. 1996), applies to this case. Section 924.051 was created

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

Applying this rationale to the amendment of section 924.051(3), we believe the legislature could reasonably

State v. Warner

762 So. 2d 507, 2000 WL 821675

Supreme Court of Florida | Filed: Jun 22, 2000 | Docket: 1690838

Cited 59 times | Published

State v. DiGuilio, 491 So.2d 1129 (Fla.1986); § 924.051, Fla.Stat. (1997).

Overton v. State

801 So. 2d 877, 2001 WL 1044890

Supreme Court of Florida | Filed: Sep 13, 2001 | Docket: 1495271

Cited 57 times | Published

768 So.2d 1100 (Fla. 4th DCA 2000) (quoting section 924.051(1)(b), Florida Statutes (1999)). Turning to

Amend. to Fla. Rules of Appellate Proc.

696 So. 2d 1103, 1996 WL 908661

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 2037954

Cited 51 times | Published

Applying this rationale to the amendment of section 924.051(3), we believe the legislature could reasonably

Baker v. State

71 So. 3d 802, 36 Fla. L. Weekly Supp. 395, 2011 Fla. LEXIS 1568, 2011 WL 2637418

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60303159

Cited 46 times | Published

501, 513 (Fla.2008) (citation omitted) (citing § 924.051(1)(b), (3), Fla. Stat. (2006)). However, the record

Brannon v. State

850 So. 2d 452, 2003 WL 21354797

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1783540

Cited 44 times | Published

first opportunity." 760 So.2d at 95 (quoting § 924.051(8), Fla. Stat. (Supp.1996)). In adopting rule

State v. Ayers

901 So. 2d 942, 2005 WL 991571

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666328

Cited 37 times | Published

the grounds therefor." § 924.051(1)(b), Fla. Stat. (2003); see also § 924.051(3). The State's objection

State v. TG

800 So. 2d 204, 2001 WL 1284827

Supreme Court of Florida | Filed: Oct 25, 2001 | Docket: 417775

Cited 37 times | Published

appeal. See § 924.06(3), Fla. Stat. (1999). Section 924.051(4), Florida Statutes (1999), prohibits the

Maddox v. State

708 So. 2d 617, 1998 WL 106947

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 1550477

Cited 36 times | Published

Anders[1] case en banc to clarify the scope of section 924.051, Florida Statutes (1996), which was enacted

State v. Williams

742 So. 2d 509, 1999 WL 821259

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 1303283

Cited 34 times | Published

court that the trial court prejudicially erred. § 924.051(7), Fla. Stat. (1997). A motion for judgment of

Bain v. State

730 So. 2d 296, 1999 WL 34708

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 1645757

Cited 33 times | Published

by the Criminal Appeal Reform Act of 1996, section 924.051, Florida Statutes (Supp.1996). Subsection (3)

Bain v. State

730 So. 2d 296, 1999 WL 34708

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 1645757

Cited 33 times | Published

by the Criminal Appeal Reform Act of 1996, section 924.051, Florida Statutes (Supp.1996). Subsection (3)

Rhodes v. State

986 So. 2d 501, 2008 WL 657532

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 1727990

Cited 31 times | Published

judgment or order unless properly preserved. See § 924.051(3), Fla. Stat. (2006). To be preserved, the issue

Hines v. State

737 So. 2d 1182, 1999 WL 496156

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 1300713

Cited 31 times | Published

demonstrating "prejudicial error" pursuant to section 924.051(7), Florida Statutes (1997). The Facts The

Neal v. State

688 So. 2d 392, 1997 WL 49152

District Court of Appeal of Florida | Filed: Feb 10, 1997 | Docket: 1272752

Cited 28 times | Published

in the trial court, the state contends that section 924.051(3), Florida Statutes (Supp.1996), which was

Carratelli v. State

832 So. 2d 850, 2002 WL 31557194

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1700037

Cited 27 times | Published

objection is `preserved' within the meaning of [§ 924.051(3) ] if it was timely raised and ruled on by the

Booker v. State

773 So. 2d 1079, 2000 WL 1472497

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 1687640

Cited 26 times | Published

notwithstanding the Legislature's enactment of section 924.051(7), Florida Statutes 1999). Accordingly, we

State v. Jefferson

758 So. 2d 661, 2000 WL 565104

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1726207

Cited 24 times | Published

The issue presented in this case is whether section 924.051(3), Florida Statutes (Supp.1996), enacted as

State v. Trowell

739 So. 2d 77, 1999 WL 343072

Supreme Court of Florida | Filed: May 27, 1999 | Docket: 1688796

Cited 24 times | Published

NOTES [1] Although the State argues that section 924.051(4), Florida Statutes (Supp.1996), of the Criminal

Wright v. State

739 So. 2d 1230, 1999 WL 594179

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 1294053

Cited 23 times | Published

"injured" by having one trial on joint charges. § 924.051(7), Fla. Stat. (1997); Fla. R.Crim. P. 3.152(a)(2)(A);

Gibson v. State

721 So. 2d 363, 1998 WL 746011

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 345105

Cited 23 times | Published

issue cannot be reviewed on direct appeal. See § 924.051, Fla. Stat. (Supp. 1996). Mr. Gibson also argues

Nelson v. State

719 So. 2d 1230, 1998 WL 671409

District Court of Appeal of Florida | Filed: Oct 1, 1998 | Docket: 527247

Cited 23 times | Published

from the face of the record. Consistent with section 924.051(3) and (4), Florida Statutes, which became

Nelson v. State

719 So. 2d 1230, 1998 WL 671409

District Court of Appeal of Florida | Filed: Oct 1, 1998 | Docket: 527247

Cited 23 times | Published

from the face of the record. Consistent with section 924.051(3) and (4), Florida Statutes, which became

Jones v. State

923 So. 2d 486, 2006 WL 487857

Supreme Court of Florida | Filed: Mar 2, 2006 | Docket: 1496416

Cited 22 times | Published

751 So.2d 537, 544 (Fla.1999) (interpreting "section 924.051(7) as a reaffirmation of the important principle

Mosley v. State

739 So. 2d 672, 1999 WL 641813

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 1293955

Cited 21 times | Published

there was no prejudicial error. See Goodwin; § 924.051, Fla. Stat. (1997). The judgment of the trial

O'BRIEN v. State

689 So. 2d 336, 1997 WL 47289

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 473720

Cited 21 times | Published

Act of 1996, Chapter 96-248. This Act added section 924.051(9), Florida Statutes, which provides that it

Knowles v. State

848 So. 2d 1055, 2003 WL 21354854

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1712303

Cited 19 times | Published

Court was called upon to determine whether section 924.051(7), Florida Statutes (Supp.1996), abrogated

Reed v. State

783 So. 2d 1192, 2001 WL 435064

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 1259638

Cited 19 times | Published

victim's wounds constituted "prejudicial error." § 924.051(7), Fla. Stat. (1997). Here, the victim was not

Middleton v. State

689 So. 2d 304, 1997 WL 20413

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 1739423

Cited 19 times | Published

effectuated by Chapter 96-248, Laws of Fla. (1996). Section 924.051(4), Florida Statutes (1996 Supp.), provides:

Jones v. State

71 So. 3d 173, 2011 Fla. App. LEXIS 15106, 2011 WL 4424302

District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 2360508

Cited 18 times | Published

Steinhorst v. State, 412 So.2d 332 (Fla.1982). Section 924.051(1)(b), Florida Statutes, defines the preservation

Richardson v. State

694 So. 2d 147

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 2514021

Cited 18 times | Published

was not properly preserved for review under section 924.051(3), Florida Statutes, but we must reject this

Perez v. State

980 So. 2d 1126, 2008 WL 723786

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1735771

Cited 17 times | Published

to be harmless beyond a reasonable doubt. See § 924.051, Fla. Stat. (2007); Knowles v. State, 848 So.2d

State v. TMB

716 So. 2d 269

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 426569

Cited 17 times | Published

court certified the following question: DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

Griffin v. State

946 So. 2d 610, 2007 WL 28253

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1771252

Cited 16 times | Published

raised and resolved at the first opportunity," see § 924.051(8), Fla. Stat. (Supp. 1996), the supreme court

Hepburn v. State

934 So. 2d 515, 2005 WL 2219472

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 433745

Cited 16 times | Published

collateral review [shall] be strictly enforced." § 924.051(8), Fla. Stat. (2005) (emphasis added). See also

Barnes v. State

743 So. 2d 1105, 1999 WL 72206

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 1243389

Cited 16 times | Published

prejudicial and fundamental error clearly appear. See § 924.051, Fla. Stat. (1997). With the renewed attention

Heggs v. State

718 So. 2d 263, 1998 WL 558829

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 466426

Cited 16 times | Published

fundamental error on appeal. See Id. at 4; see also § 924.051(3), Fla. Stat. (Supp.1996). Heggs's challenge

Mizell v. State

716 So. 2d 829, 1998 WL 537184

District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 424745

Cited 16 times | Published

which, by the terms of the underlying statute, § 924.051, Fla. Stat. (Supp.1996), the rule does not apply

Hill v. State

711 So. 2d 1221, 1998 WL 233360

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 1337173

Cited 16 times | Published

notwithstanding section 4 of that Act (codified as section 924.051, Florida Statutes), because a conviction which

CEL v. State

995 So. 2d 558, 2008 WL 4092820

District Court of Appeal of Florida | Filed: Sep 5, 2008 | Docket: 154434

Cited 15 times | Published

this would preclude review of the issue. See § 924.051(1), (3), Fla. Stat. (2007). Here, however, the

Luton v. State

934 So. 2d 7, 2006 WL 335478

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1460943

Cited 15 times | Published

properly preserved for appellate review. See § 924.051(1)(b), (3), Fla. Stat. Accordingly, we grant clarification

Filan v. State

768 So. 2d 1100, 2000 WL 140444

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 526807

Cited 15 times | Published

was properly preserved in the trial court. See § 924.051(3), Fla. Stat. (1999). An issue or objection is

Harriel v. State

710 So. 2d 102, 1998 WL 171495

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1444475

Cited 15 times | Published

State, 697 So.2d 1304, 1305 (Fla. 2d DCA 1997); § 924.051, Fla. Stat. (1997); Fla.R.App.P. 9.140(b)(2)(B)(iv)

Davis v. State

705 So. 2d 133, 1998 WL 31531

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1753797

Cited 15 times | Published

Act of 1996, Chapter 96-248. This Act added section 924.051(9), Florida Statutes, which provides that it

Johnson v. State

915 So. 2d 682, 2005 WL 2862092

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1690675

Cited 14 times | Published

collateral review [shall] be strictly enforced." § 924.051(8), Fla. Stat. (2005) (emphasis added). See also

Johnson v. State

915 So. 2d 682, 2005 WL 2862092

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1690675

Cited 14 times | Published

collateral review [shall] be strictly enforced." § 924.051(8), Fla. Stat. (2005) (emphasis added). See also

Murphy v. State

898 So. 2d 1031, 2005 WL 562676

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1448739

Cited 14 times | Published

has declined to base its prosecution. [3] See § 924.051(4), Fla. Stat. (stating that if defendant pleads

Sigler v. State

805 So. 2d 32, 2001 WL 1538544

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 523452

Cited 14 times | Published

error harmfully contributed to the verdict. See § 924.051(3), Fla. Stat.; Goodwin v. State, 751 So.2d 537

Langston v. State

789 So. 2d 1024, 2001 WL 395171

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 1696024

Cited 14 times | Published

refusal to give the requested instruction. See § 924.051(7), Fla.Stat. (1997); Savage v. State, 156 So

Brim v. State

779 So. 2d 427, 2000 WL 1568741

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1521008

Cited 14 times | Published

court knows the grounds for the objection. See § 924.051(1)(b), Fla. Stat. (1999). Frye hearings involve

Denson v. State

711 So. 2d 1225, 1998 WL 235977

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1700608

Cited 14 times | Published

issue for appeal. See ch. 96-248, Laws of Fla.; § 924.051(3), Fla. Stat. (Supp.1996). We affirm the trial

Denson v. State

711 So. 2d 1225, 1998 WL 235977

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1700608

Cited 14 times | Published

issue for appeal. See ch. 96-248, Laws of Fla.; § 924.051(3), Fla. Stat. (Supp.1996). We affirm the trial

Huffman v. State

937 So. 2d 202, 2006 WL 2432809

District Court of Appeal of Florida | Filed: Aug 24, 2006 | Docket: 459731

Cited 13 times | Published

denial of his dispositive motion to suppress. See § 924.051(4) &.06(3), Fla. Stat. (2004); State v. Carr,

Lewis v. State

754 So. 2d 897, 2000 WL 461218

District Court of Appeal of Florida | Filed: Apr 25, 2000 | Docket: 1523580

Cited 13 times | Published

demonstrate that the trial court prejudicially erred. § 924.051(7), Fla. Stat. (1999). The motion alleged that

JRV v. State

715 So. 2d 1135, 1998 WL 518591

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 1366115

Cited 13 times | Published

v. State, 711 So.2d 241 (Fla. 5th DCA 1998); § 924.051(1)(b), Fla. Stat. (1996 Supp.). See also Hart

Trowell v. State

706 So. 2d 332, 1998 WL 15840

District Court of Appeal of Florida | Filed: Jan 20, 1998 | Docket: 1280304

Cited 13 times | Published

section 4, at 954, Laws of Florida, creating section 924.051, Florida Statutes (Supp.1996), which purported

Sanders v. State

698 So. 2d 377, 1997 WL 525171

District Court of Appeal of Florida | Filed: Aug 26, 1997 | Docket: 1661109

Cited 13 times | Published

sentencing as required by section 924.051, Florida Statutes (Supp.1996). But section 924.051 does not preclude

Williams v. State

863 So. 2d 1189, 2003 WL 22908788

Supreme Court of Florida | Filed: Dec 11, 2003 | Docket: 1728594

Cited 12 times | Published

in Goodwin, holding that the enactment of section 924.051(7), Florida Statutes (Supp.1996), did not alter

State v. Taylor

826 So. 2d 399, 2002 WL 1626120

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1363095

Cited 12 times | Published

Cornuz states, the Criminal Appeal Reform Act, § 924.051(1)(b), Fla. Stat. (2002), forbids consideration

Washington v. State

814 So. 2d 1187, 2002 WL 596392

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 1368177

Cited 12 times | Published

Appeal Reform Act truly mandate this result? Section 924.051(3) provides: An appeal may not be taken from

Anderson v. State

780 So. 2d 1012, 2001 WL 313881

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1298417

Cited 12 times | Published

must have been argued to the trial court. See § 924.051(1)(b), Fla.Stat.; Castor v. State, 365 So.2d 701

State v. Amodeo

750 So. 2d 664, 1999 WL 1136433

District Court of Appeal of Florida | Filed: Dec 13, 1999 | Docket: 2532916

Cited 12 times | Published

oral reasons given by the trial judge. Under section 924.051, an appeal may not be taken unless prejudicial

Weiss v. State

720 So. 2d 1113, 1998 WL 764677

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1719187

Cited 12 times | Published

of the Criminal Appeal Reform Act of 1996, section 924.051, Florida Statutes (Supp.1996), which requires

Stanford v. State

706 So. 2d 900, 1998 WL 60409

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 1682571

Cited 12 times | Published

fundamental error, we reverse on this point. See § 924.051(1), (3), Fla. Stat. (Supp.1996); see also Neal

Scoggins v. State

691 So. 2d 1185, 1997 WL 194469

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1424087

Cited 12 times | Published

a harmless error analysis is appropriate. See § 924.051(3), Fla. Stat. (Supp.1996); State v. DiGuilio

Stone v. State

688 So. 2d 1006, 1997 WL 87725

District Court of Appeal of Florida | Filed: Mar 4, 1997 | Docket: 1787241

Cited 12 times | Published

dispositive issue" for review, as contemplated by section 924.051(4), Florida Statutes (Supp.1996). Three days

Stone v. State

688 So. 2d 1006, 1997 WL 87725

District Court of Appeal of Florida | Filed: Mar 4, 1997 | Docket: 1787241

Cited 12 times | Published

dispositive issue" for review, as contemplated by section 924.051(4), Florida Statutes (Supp.1996). Three days

Daniels v. State

121 So. 3d 409, 38 Fla. L. Weekly Supp. 380, 2013 WL 2435562, 2013 Fla. LEXIS 1156

Supreme Court of Florida | Filed: Jun 6, 2013 | Docket: 60234433

Cited 11 times | Published

(citing Harrell, 894 So.2d at 940); see also § 924.051(l)(b), Fla. Stat. (2012) (noting that a legal

Shootes v. State

20 So. 3d 434, 2009 Fla. App. LEXIS 15787, 2009 WL 3353139

District Court of Appeal of Florida | Filed: Oct 20, 2009 | Docket: 1639924

Cited 11 times | Published

sufficient to preserve the issue for appeal. § 924.051(1)(b), Fla. Stat.; see also White v. Consol. Freightways

Echeverria v. State

949 So. 2d 331, 2007 WL 556908

District Court of Appeal of Florida | Filed: Feb 26, 2007 | Docket: 1374384

Cited 11 times | Published

appellant's claim cannot be considered preserved. Section 924.051(1)(b), Florida Statutes, indicates that an

State v. Walker

923 So. 2d 1262, 2006 WL 778648

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 1496430

Cited 11 times | Published

or the error amounts to fundamental error. See § 924.051(3), Fla. Stat. (2005). To satisfy this preservation

Russo v. Akers

724 So. 2d 1151, 1998 WL 821778

Supreme Court of Florida | Filed: Nov 25, 1998 | Docket: 1733852

Cited 11 times | Published

the Public Defender is not prohibited under section 924.051(9). Section 924.066(3), Florida Statutes, appears

AF v. State

718 So. 2d 260, 1998 WL 559321

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 2512711

Cited 11 times | Published

past the state's argument has been based on section 924.051, Florida Statutes (Supp.1996), which is part

Corona v. State

64 So. 3d 1232, 36 Fla. L. Weekly Supp. 247, 2011 Fla. LEXIS 1283, 2011 WL 2224777

Supreme Court of Florida | Filed: Jun 9, 2011 | Docket: 1443275

Cited 10 times | Published

requirements are also codified in our statutes. Section 924.051, Florida Statutes (2002), outlines the "[t]erms

IRC v. State

968 So. 2d 583, 2007 WL 2317176

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 1496735

Cited 10 times | Published

332, 338 (Fla.1982); see also § 924.051(3), Fla. Stat. (2005); § 924.051(1)(b). The inappropriateness

Crumbley v. State

876 So. 2d 599, 29 Fla. L. Weekly Fed. D 1359

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1671122

Cited 10 times | Published

note parenthetically that the provisions of section 924.051(7), Florida Statutes (2003), do not alter the

Morris v. State

811 So. 2d 661, 2002 WL 242901

Supreme Court of Florida | Filed: Feb 21, 2002 | Docket: 1740967

Cited 10 times | Published

for the admission of Maloney's testimony. See § 924.051(1)(b), Fla. Stat (2001); Stephens v. State, 787

Duffey v. State

741 So. 2d 1192, 1999 WL 743600

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 453052

Cited 10 times | Published

The error, if any, was not prejudicial. See § 924.051(7), Fla. Stat. (1997). Finally, Duffey challenges

JS v. State

717 So. 2d 175, 1998 WL 634876

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1681493

Cited 10 times | Published

In that case, the supreme court held that section 924.051, Florida Statutes (1997), was inapplicable

Jones v. State

711 So. 2d 633, 1998 WL 264486

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1700542

Cited 10 times | Published

notwithstanding the Criminal Appeal Reform Act of 1996. See § 924.051(3), Fla. Stat. (Supp. 1996) (permitting appeal

Rooney v. State

699 So. 2d 1027, 1997 WL 447619

District Court of Appeal of Florida | Filed: Aug 8, 1997 | Docket: 1321299

Cited 10 times | Published

Act of 1996, Chapter 96-248. This Act added section 924.051(9), Florida Statutes, which provides that it

Elwell v. State

954 So. 2d 104, 2007 WL 1201597

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1163670

Cited 9 times | Published

Requirements Regarding Preservation of Error Section 924.051, Florida Statutes (2003), which was originally

Cargle v. State

770 So. 2d 1151, 2000 WL 1353726

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 1778881

Cited 9 times | Published

chapter 924 (Criminal Appeal Reform Act).[1] Section 924.051 states in pertinent part: 924.051 Terms and

Moore v. State

768 So. 2d 1140, 2000 WL 1224741

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 526802

Cited 9 times | Published

of the Criminal Appeals Reform Act of 1996, section 924.051(3), Florida Statutes, we vacated sentences

Moore v. State

768 So. 2d 1140, 2000 WL 1224741

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 526802

Cited 9 times | Published

of the Criminal Appeals Reform Act of 1996, section 924.051(3), Florida Statutes, we vacated sentences

Goodwin v. State

721 So. 2d 728, 1998 WL 158875

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1694462

Cited 9 times | Published

standard for reversal. See id. at 1134 n.9. Section 924.051(7), Florida Statutes (1995), places the burden

Jordan v. State

707 So. 2d 816, 1998 WL 66571

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1259715

Cited 9 times | Published

v. State, 365 So.2d 701 (Fla.1978). See also § 924.051(3), Fla. Stat. (Supp.1996) (an appeal may not

Thompson v. State

705 So. 2d 1046, 1998 WL 52249

District Court of Appeal of Florida | Filed: Feb 11, 1998 | Docket: 1580165

Cited 9 times | Published

was not harmless beyond a reasonable doubt. See § 924.051(7), Fla. Stat. (Supp.1996); Medlock v. State,

Bradley v. State

703 So. 2d 1176, 1997 WL 777678

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1704202

Cited 9 times | Published

Act of 1996, Chapter 96-248. This Act added section 924.051(9), Florida Statutes, which provides that it

Dennis v. State

696 So. 2d 1280, 1997 WL 394484

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1055310

Cited 9 times | Published

reinforced by the passage of section 924.051, Florida Statutes (Supp.1996). Section 924.051(2) provides that the

RAM v. State

695 So. 2d 1308, 1997 WL 353541

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 2027616

Cited 9 times | Published

here because of his failure to comply with section 924.051(4), Florida Statutes (Supp.1996). Although

Williams v. State

697 So. 2d 164, 1997 WL 304712

District Court of Appeal of Florida | Filed: Jun 9, 1997 | Docket: 132338

Cited 9 times | Published

Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996); § 924.051(3) & (4), Fla. Stat. (Supp.1996); Middleton v

Harvey v. State

848 So. 2d 1060, 2003 WL 21354789

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1309447

Cited 8 times | Published

the window period between the enactment of section 924.051(3), Florida Statutes (Supp. 1996),[1] and the

State v. Henriquez

717 So. 2d 1087, 1998 WL 568274

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1277566

Cited 8 times | Published

the need for downward departure reasons. See § 924.051, Fla. Stat. (1997); State v. Stafford, 711 So

Thompson v. State

708 So. 2d 289, 1998 WL 10878

District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 1528296

Cited 8 times | Published

preserved, would constitute fundamental error. § 924.051(3), Fla. Stat. (Supp.1996)(emphasis added). A

Davis v. State

704 So. 2d 681, 1997 WL 774625

District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 1355115

Cited 8 times | Published

added). Because the instant case is subject to section 924.051, Florida Statutes (Supp.1996), and the appellant

Graves v. State

704 So. 2d 147, 1997 WL 730306

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 1354571

Cited 8 times | Published

objection and did not rise to fundamental error. See § 924.051(3), Fla. Stat. (Supp.1996). Before charging the

Chojnowski v. State

705 So. 2d 915, 1997 WL 716857

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 1573648

Cited 8 times | Published

of alleged errors at the trial court level. Section 924.051(3) provides that a judgment or sentence may

Garrett v. State

148 So. 3d 466, 2014 Fla. App. LEXIS 12999, 2014 WL 4114334

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60243524

Cited 7 times | Published

Accordingly, our review is for fundamental error. See § 924.051(3), Fla. Stat. (2011). Fundamental error is error

Ruilova v. State

125 So. 3d 991, 2013 WL 3239545, 2013 Fla. App. LEXIS 10260

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60236154

Cited 7 times | Published

we have jurisdiction to issue this opinion. Section 924.051(4), Florida Statutes (2008), provides: “If

Hampton v. State

103 So. 3d 98, 37 Fla. L. Weekly Supp. 499, 2012 Fla. LEXIS 2649, 2012 WL 6621371

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60227276

Cited 7 times | Published

it in a meaningful way to the trial court. See § 924.051(l)(b) & (3), Fla. Stat. (2009) (stating non-fundamental

Kidd v. State

978 So. 2d 868, 2008 WL 942008

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1508715

Cited 7 times | Published

proceedings. Id. at 798. After the passage of section 924.051, Florida Statutes (Supp.1996), governing the

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

prejudicial evidentiary errors, we reverse. See § 924.051, Fla. Stat. (2006). Robert Love appeals five convictions

Chambers v. State

880 So. 2d 696, 2004 WL 895856

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1689327

Cited 7 times | Published

enactment of the Criminal Appeal Reform Act, see § 924.051(3), Fla. Stat. (2003), and the supreme court's

Chambers v. State

880 So. 2d 696, 2004 WL 895856

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1689327

Cited 7 times | Published

enactment of the Criminal Appeal Reform Act, see § 924.051(3), Fla. Stat. (2003), and the supreme court's

Garcia v. State

854 So. 2d 758, 2003 WL 22047227

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1747227

Cited 7 times | Published

instruction will necessarily be reversed. Section 924.051(3), Florida Statutes (2001), provides: An appeal

Martinez v. State

851 So. 2d 832, 2003 WL 21796382

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1313140

Cited 7 times | Published

legally dispositive issue, as required by section 924.051(4), Florida Statutes (2000), enacted as part

Van Loan v. State

779 So. 2d 497, 2000 WL 1781694

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 420448

Cited 7 times | Published

if the objection is sufficiently precise. See § 924.051(1)(b), Fla. Stat. (1999). Here, the record is

TG v. State

741 So. 2d 517, 1999 Fla. App. LEXIS 8196, 1999 WL 13343

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 453105

Cited 7 times | Published

which held that section 924.051(4) does not apply to juvenile appeals. Section 924.051(4) and section

Whitfield v. Singletary

730 So. 2d 314, 1999 WL 68912

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1647843

Cited 7 times | Published

enactment of the Criminal Appeal Reform Act, see § 924.051, Fla. Stat. (Supp.1996), and we assume for present

Woodbury v. State

730 So. 2d 354, 1999 WL 147348

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 1646851

Cited 7 times | Published

prejudicial error alleged is *358 properly preserved. § 924.051(3), Fla. Stat. (1997). An issue is preserved if

Henley v. State

719 So. 2d 990, 1998 WL 746214

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 2571465

Cited 7 times | Published

State, 711 So.2d 69, 70 (Fla. 4th DCA 1998); § 924.051(3), Fla. Stat. (1997). To counter this preservation

Henderson v. State

720 So. 2d 1121, 1998 WL 746140

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 1719052

Cited 7 times | Published

v. State, 704 So.2d 686 (Fla. 1st DCA 1997); § 924.051(3), Fla. Stat. (1997). "Even with a defendant's

Seccia v. State

720 So. 2d 580, 1998 WL 702281

District Court of Appeal of Florida | Filed: Oct 12, 1998 | Docket: 1371507

Cited 7 times | Published

the preservation requirement contained in section 924.051, Florida Statutes (1997). We do, however, certify

Romano v. State

718 So. 2d 283, 1998 WL 567959

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 466400

Cited 7 times | Published

the absence of proper preservation below. See § 924.051(3), Fla. Stat. (Supp.1996); Johnson v. State,

Mason v. State

719 So. 2d 304, 1998 WL 329502

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1351449

Cited 7 times | Published

whether the error is prejudicial. We begin with § 924.051(7), Florida Statutes (1997) which provides: In

Dodson v. State

710 So. 2d 159, 1998 WL 187456

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1731630

Cited 7 times | Published

1315 (Fla. 1st DCA 1995). The state, citing section 924.051(3), Florida Statutes (Supp.1996), argues that

Henry v. State

707 So. 2d 370, 1998 WL 60485

District Court of Appeal of Florida | Filed: Apr 7, 1998 | Docket: 1259942

Cited 7 times | Published

that the Criminal Appeal Reform Act of 1996, section 924.051, Florida Statutes (Supp. 1996), foreclosed

Ferguson v. State

697 So. 2d 979, 1997 WL 446900

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 1777168

Cited 7 times | Published

that was not harmless beyond a reasonable doubt. § 924.051(7), Fla. Stat. (Supp.1996); State v. DiGuilio

State v. Roberts

963 So. 2d 747, 2007 WL 1753570

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1697316

Cited 6 times | Published

or the error amounts to fundamental error. See § 924.051(3), Fla. Stat. (2005). To satisfy this preservation

Mann v. State

937 So. 2d 722, 2006 WL 2520666

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1513100

Cited 6 times | Published

statutory provisions are pertinent. First, section 924.051(9), Florida Statutes (2005), provides: "Funds

State v. Dort

929 So. 2d 1190, 2006 WL 1541030

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 2571866

Cited 6 times | Published

or the error amounts to fundamental error. See § 924.051(3), Fla. Stat. (2005). To satisfy this preservation

Caldwell v. State

920 So. 2d 727, 2006 WL 304561

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1730674

Cited 6 times | Published

contemporaneous objection rule, now codified in section 924.051, Florida Statutes (2005), which requires the

Richardson v. State

875 So. 2d 673, 2004 WL 1091140

District Court of Appeal of Florida | Filed: May 18, 2004 | Docket: 1283987

Cited 6 times | Published

nor "sufficiently precise," as required by section 924.051(1)(b), Florida Statutes (2001), to be preserved

Bain v. State

839 So. 2d 739, 2003 WL 186969

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1707928

Cited 6 times | Published

In Klein, Judge Klein explained that: Under section 924.051, Florida Statutes (1997), a criminal appeal

Fernandez v. State

786 So. 2d 38, 2001 WL 484200

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 1681902

Cited 6 times | Published

So.2d 1077, 1077 (Fla. 3d DCA 1995); see also § 924.051, Fla. Stat. (1999). Assuming for present purposes

Rowe v. State

777 So. 2d 1088, 2001 WL 38697

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 462290

Cited 6 times | Published

withdraw, the Public Defender relies upon section 924.051(9), Florida Statutes (2000), which provides

Collins v. State

766 So. 2d 1009, 2000 WL 796089

Supreme Court of Florida | Filed: Jun 22, 2000 | Docket: 1329879

Cited 6 times | Published

the window period between the enactment of section 924.051(3), Florida Statutes (Supp.1996), part of the

Fuller v. State

748 So. 2d 292, 1999 WL 415116

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1750621

Cited 6 times | Published

Brown v. State, 376 So.2d 382, 384 (Fla.1979); § 924.051(4), Fla. Stat. (Supp. 1996). An issue is dispositive

Baskin v. State

732 So. 2d 1179, 1999 WL 242513

District Court of Appeal of Florida | Filed: Apr 27, 1999 | Docket: 1513381

Cited 6 times | Published

491 So.2d 1129 (Fla. 1986), and pursuant to section 924.051(7), Florida Statutes, the error was harmless

Copertino v. State

726 So. 2d 330, 1999 WL 17817

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1711681

Cited 6 times | Published

than detached advocacy for the state. [3] See § 924.051(1)(a), Fla. Stat. (1997) ("`Prejudicial error'

Nunez v. State

721 So. 2d 346, 1998 WL 736344

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 1694479

Cited 6 times | Published

effective date of the Criminal Appeal Reform Act. See § 924.051, Fla. Stat. (Supp.1996). He did not object to

Leonard v. State

731 So. 2d 2, 1998 WL 299370

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 2550861

Cited 6 times | Published

trial court's attention first, pursuant to section 924.051(4), Florida Statutes (Supp.1996), we are without

Johnson v. State

711 So. 2d 112, 23 Fla. L. Weekly Fed. D 1122

District Court of Appeal of Florida | Filed: Apr 27, 1998 | Docket: 1337413

Cited 6 times | Published

been resolved in his favor. The State offers section 924.051(9), Florida Statutes (Supp.1996), as authority

State v. Hewitt

702 So. 2d 633, 1997 WL 783051

District Court of Appeal of Florida | Filed: Dec 23, 1997 | Docket: 460214

Cited 6 times | Published

685 So.2d at 775 (legislature, by enacting section 924.051(3), Florida Statutes (Supp.1996), could reasonably

Ford v. State

702 So. 2d 279, 1997 WL 756588

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 176934

Cited 6 times | Published

Criminal Appeals Reform Act as set forth in section 924.051, Florida Statutes (Supp.1996). The state has

Johnson v. State

697 So. 2d 1245, 1997 WL 395255

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 135509

Cited 6 times | Published

preserve the issue for appeal, as required by section 924.051, Florida Statutes (Supp.1996); and did not

Campo v. State

24 So. 3d 735, 2009 Fla. App. LEXIS 20049, 2009 WL 4928010

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1648497

Cited 5 times | Published

preserved, would constitute fundamental error." § 924.051(3), Fla. Stat. (2009). The record reflects that

Fleitas v. State

3 So. 3d 351, 2008 Fla. App. LEXIS 20383, 2008 WL 5411980

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 1653247

Cited 5 times | Published

reversal under the fundamental error doctrine. See § 924.051(3), Fla. Stat. (2007). The fundamental error doctrine

Conner v. State

987 So. 2d 130, 33 Fla. L. Weekly Fed. D 1754

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 1394813

Cited 5 times | Published

901 So.2d 942, 944 (Fla. 2d DCA 2005) (quoting § 924.051(1)(b), Fla. Stat. (2003)). No magic words are

State v. Colbert

968 So. 2d 1043, 2007 WL 4207538

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1745421

Cited 5 times | Published

now raises for appellate review, we affirm. Section 924.051(3), Florida Statutes (2006), provides that

Clinton v. State

970 So. 2d 412, 2007 WL 3355105

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1323781

Cited 5 times | Published

it was not preserved for appellate review. See § 924.051(3), Fla. Stat. (2006). In any event, the evidence

Mora v. State

964 So. 2d 881, 2007 WL 2780882

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1240691

Cited 5 times | Published

on the part of the sentencing court); see also § 924.051(3), Fla. Stat. (2006). Not only was this issue

Knight v. State

919 So. 2d 628, 2006 WL 167988

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1678724

Cited 5 times | Published

defendant). "Prejudicial error" is defined in Section 924.051, Florida Statutes (2002), as "an error in the

Weaver v. State

916 So. 2d 895, 2005 WL 3050511

District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 1187518

Cited 5 times | Published

consistent with the Criminal Appeal Reform Act, see § 924.051, Fla. Stat. (2003), and the Florida Supreme Court's

Baskin v. State

898 So. 2d 266, 2005 WL 623237

District Court of Appeal of Florida | Filed: Mar 18, 2005 | Docket: 1732309

Cited 5 times | Published

the successor judge was properly preserved. Section 924.051(3), Florida Statutes (2000), provides, with

Cote v. State

841 So. 2d 488, 2003 WL 187455

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1234134

Cited 5 times | Published

envisioned by the legislature when it enacted section 924.051, Florida Statutes (Supp.1996), as part of the

Eltaher v. State

777 So. 2d 1203, 2001 WL 167245

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 1513947

Cited 5 times | Published

proceedings below rests with the appellant. See § 924.051(7), Fla. Stat. (2000). We have considered the

Thogode v. State

763 So. 2d 281, 2000 WL 796082

Supreme Court of Florida | Filed: Jun 22, 2000 | Docket: 1681832

Cited 5 times | Published

the window period between the enactment of section 924.051(3), Florida Statutes (Supp.1996), part of the

James v. State

745 So. 2d 1141, 1999 WL 1215595

District Court of Appeal of Florida | Filed: Dec 21, 1999 | Docket: 1294736

Cited 5 times | Published

presented for the first time on appeal, citing section 924.051(1)(b), Florida Statutes (1997), and cases from

Rahymes v. State

730 So. 2d 420, 1999 WL 236137

District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 1755252

Cited 5 times | Published

1996, Chapter 96-248. Effective July 1, 1996, section 924.051(8) provides that it is the Legislature's intent

State v. Klein

736 So. 2d 9, 1998 WL 878989

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 2563102

Cited 5 times | Published

argument because it was not raised below. Under section 924.051, Florida Statutes (1997), a criminal appeal

Thomas v. State

725 So. 2d 1148, 1998 WL 770692

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 2556938

Cited 5 times | Published

precluded from raising this issue on appeal. See § 924.051, Fla. Stat. (Supp.1996). Affirmed. BLUE, A.C.J

Locke v. State

719 So. 2d 1249, 1998 WL 729526

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1351717

Cited 5 times | Published

Henriquez and Wood predate the adoption of section 924.051(3), Florida Statutes, and rule 3.800(b), Florida

Howard v. State

705 So. 2d 947, 1998 WL 5429

District Court of Appeal of Florida | Filed: Jan 12, 1998 | Docket: 1573865

Cited 5 times | Published

reject appellant's constitutional attacks on section 924.051(3). See Amendments to the Florida Rules of

Medberry v. State

699 So. 2d 857, 1997 WL 608557

District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 1321012

Cited 5 times | Published

be raised on direct appeal. See § 924.051(3), Fla. Stat. Section 924.051 became effective on July 1, 1996

Cargle v. State

701 So. 2d 359, 1997 WL 574601

District Court of Appeal of Florida | Filed: Sep 18, 1997 | Docket: 1736750

Cited 5 times | Published

DCA 1997) (certifying question of whether section 924.051(4), Florida Statutes (Supp.1996), applies in

Green v. State

700 So. 2d 384, 1997 WL 422525

District Court of Appeal of Florida | Filed: Jul 29, 1997 | Docket: 1373634

Cited 5 times | Published

For the reasons presented below, we reverse. Section 924.051(4), Florida Statutes (Supp. 1996), provides

Ortiz v. State

696 So. 2d 916, 1997 WL 364513

District Court of Appeal of Florida | Filed: Jul 3, 1997 | Docket: 1696294

Cited 5 times | Published

State, 692 So.2d 277 (Fla. 5th DCA 1997) and section 924.051(3), Fla. Stat., effective July 1, 1996. The

Cox v. State

975 So. 2d 1163, 2008 WL 595925

District Court of Appeal of Florida | Filed: Mar 6, 2008 | Docket: 1727345

Cited 4 times | Published

the error was preserved in the trial court. See § 924.051(7), Fla. Stat. (2006); Goodwin v. State, 751 So

Millan v. State

932 So. 2d 557, 2006 WL 1751318

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 1684625

Cited 4 times | Published

Anderson v. State, 863 So.2d 169, 181 (Fla. 2003); § 924.051(1)(b), (3), Fla. Stat. (2002). The defendant argues

Sommers v. State

829 So. 2d 379, 2002 WL 31465711

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 1408403

Cited 4 times | Published

properly preserved. The Criminal Appeal Reform Act, § 924.051, Fla. Stat. (2002), precludes consideration of

Daughtry v. State

804 So. 2d 426, 2001 WL 1230518

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1334784

Cited 4 times | Published

artless than stealthy." 76 So.2d at 148. [4] See § 924.051(3), Fla. Stat. (2000). [5] See § 810.02(1), Fla

KO v. State

765 So. 2d 901, 2000 WL 1205724

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 428804

Cited 4 times | Published

preserve the issue. The criminal appeal statute, section 924.051, does not apply to juvenile proceedings. See

Wencel v. State

768 So. 2d 494, 2000 WL 1190738

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 1127323

Cited 4 times | Published

We find these errors to be non-prejudicial. See § 924.51, Fla. Stat. (1999). The jury's verdict, which

Parks v. State

765 So. 2d 35, 2000 WL 963861

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 1522941

Cited 4 times | Published

window period between the effective date of section 924.051, Florida Statutes (Supp. 1996), and our recent

Domis v. State

755 So. 2d 683, 1999 WL 565577

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1699518

Cited 4 times | Published

or not the error was harmless pursuant to section 924.051, Florida Statutes. In the instant case, the

State v. Ford

739 So. 2d 629, 1999 WL 391868

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1688679

Cited 4 times | Published

the relief sought and the grounds therefor." § 924.051(1)(b), Fla. Stat. (1997); see State v. Henriquez

Klarich v. State

730 So. 2d 419, 1999 WL 234783

District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 585161

Cited 4 times | Published

contentions have not been preserved for appeal. See § 924.051(3), Fla. Stat. (1997); Fla. R.App. P. 9.140(d);

Klarich v. State

730 So. 2d 419, 1999 WL 234783

District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 585161

Cited 4 times | Published

contentions have not been preserved for appeal. See § 924.051(3), Fla. Stat. (1997); Fla. R.App. P. 9.140(d);

TB v. State

732 So. 2d 1163, 1999 WL 219331

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 460492

Cited 4 times | Published

appellate review. State v. T.M.B., 716 So.2d at 269 (§ 924.051, Fla. Stat., is inapplicable to juvenile proceedings)

Beckett v. State

730 So. 2d 809, 1999 WL 188068

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1645783

Cited 4 times | Published

demonstrating that the error was prejudicial. See section 924.051(7), Fla. Stat. (1997); Mason v. State, 719

State v. Schebel

723 So. 2d 830, 1999 WL 3361

Supreme Court of Florida | Filed: Jan 7, 1999 | Docket: 1319783

Cited 4 times | Published

FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(b) AND SECTION 924.051, FLORIDA STATUTES (1995)? State v. Schebel

Barnlund v. State

724 So. 2d 632, 1998 WL 906544

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 1410544

Cited 4 times | Published

not preserved for purposes of appellate review. § 924.051, Fla. Stat. However, even if it were properly

Loehrke v. State

722 So. 2d 867, 1998 WL 821765

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 1241376

Cited 4 times | Published

followed by a proper curative instruction. See § 924.051(7), Fla.Stat. (1997). Furthermore, any error occasioned

Loehrke v. State

722 So. 2d 867, 1998 WL 821765

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 1241376

Cited 4 times | Published

followed by a proper curative instruction. See § 924.051(7), Fla.Stat. (1997). Furthermore, any error occasioned

Celestine v. State

717 So. 2d 205, 1998 WL 637981

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 1681312

Cited 4 times | Published

issue was not preserved for appellate review. See § 924.051(1)(b), Fla. Stat. (Supp.1996), Martin v. State

Legette v. State

718 So. 2d 878, 1998 WL 567954

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1515066

Cited 4 times | Published

to the misdemeanor to be non-prejudicial. See § 924.051(1)(a), Fla. Stat. (1997). The defendant was convicted

State v. Morales

718 So. 2d 272, 1998 WL 559599

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 1515085

Cited 4 times | Published

not be raised for the first time on appeal. See § 924.051(1)(b), Fla. Stat. (Supp.1996). Moreover, since

Ryals v. State

716 So. 2d 313, 1998 WL 422280

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 424563

Cited 4 times | Published

error was prejudicial, as is his burden under section 924.051(7), Florida Statutes (Supp.1996). See Goodwin

Gantt v. State

714 So. 2d 1116, 1998 WL 390414

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 224304

Cited 4 times | Published

appellate attorneys in post-conviction matters. See § 924.051(9). Appointment is not a matter of right. Courts

State v. Stafford

711 So. 2d 612, 1998 WL 250756

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1242576

Cited 4 times | Published

is preserved or constitutes fundamental error. § 924.051(3), Fla. Stat. (1997). The sentencing error here

State v. ALW

717 So. 2d 913, 1998 WL 154411

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 505358

Cited 4 times | Published

v. T.M.B., 716 So.2d 269 (Fla.1998): DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

Jackson v. State

707 So. 2d 412, 1998 WL 121558

District Court of Appeal of Florida | Filed: Mar 20, 1998 | Docket: 1259658

Cited 4 times | Published

the error was harmful, as now required by section 924.051(7), Florida Statutes (Supp.1996): (7) In a

LRJ v. State

706 So. 2d 72, 1998 WL 60503

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 1280527

Cited 4 times | Published

FOR AN ALTERNATIVE RECOMMENDATION? 2. DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

Kent v. State

702 So. 2d 265, 1997 WL 748874

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 460266

Cited 4 times | Published

the burden of establishing prejudicial error. § 924.051(8), Fla. Stat. (Supp. 1996). In this case, there

Callins v. State

698 So. 2d 883, 1997 WL 473864

District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 434027

Cited 4 times | Published

and grand theft charges after July 1, 1996, section 924.051(4), Florida Statutes (Supp.1996), and amended

JMJ v. State

742 So. 2d 261, 1997 WL 369951

District Court of Appeal of Florida | Filed: Jul 7, 1997 | Docket: 1710265

Cited 4 times | Published

that T.M.B. was incorrectly decided, and that section 924.051 does, in fact, apply to juvenile delinquency

Bisson v. State

696 So. 2d 504, 1997 WL 365767

District Court of Appeal of Florida | Filed: Jul 3, 1997 | Docket: 855757

Cited 4 times | Published

(Fla. 2d DCA 1996). The state argues that section 924.051(3), Fla. Stat., which took effect July 1, 1996

Tennyson v. State

254 So. 3d 510

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360287

Cited 3 times | Published

apprises the trial court of the relief sought. § 924.051(1)(b)(3), Fla. Stat. (2016). Defense counsel

Connolly, Jr. v. State

172 So. 3d 893, 2015 Fla. App. LEXIS 11352

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679137

Cited 3 times | Published

State, 751 So.2d 537, 544 (Fla.1999))); see also § 924.051(3), Fla. Stat. (2008) (“An appeal may not be taken

Hall v. State

92 So. 3d 223, 2012 Fla. App. LEXIS 5544, 2012 WL 1192031

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60310167

Cited 3 times | Published

judgment or order unless properly preserved. See § 924.051(3), Fla. Stat. (2006). To be preserved, the issue

Armstrong v. State

46 So. 3d 589, 2010 Fla. App. LEXIS 4522, 2010 WL 1342759

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 2398885

Cited 3 times | Published

therefore is not preserved for our review. See § 924.051(3), Fla. Stat. (2008); Morrison v. State, 818

State v. Johnson

990 So. 2d 1115, 2008 WL 2435672

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1291952

Cited 3 times | Published

the relief sought and the grounds therefor." § 924.051(1)(b), Fla. Stat. (2006). The prosecutor never

I.R.C. v. State

968 So. 2d 583, 2007 Fla. App. LEXIS 12733

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 64853091

Cited 3 times | Published

332, 338 (Fla.1982); see also § 924.051(3), Fla. Stat. (2005); § 924.051(1)(b). The inappropriateness

I.R.C. v. State

968 So. 2d 583, 2007 Fla. App. LEXIS 12733

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 64853091

Cited 3 times | Published

332, 338 (Fla.1982); see also § 924.051(3), Fla. Stat. (2005); § 924.051(1)(b). The inappropriateness

Leach v. State

914 So. 2d 519, 2005 WL 3116102

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 1781716

Cited 3 times | Published

preserved, would constitute fundamental error." § 924.051(3), Fla. Stat. (2004). Although no rule of criminal

Williamson v. State

894 So. 2d 996, 2005 WL 170887

District Court of Appeal of Florida | Filed: Jan 7, 2005 | Docket: 1767650

Cited 3 times | Published

consider whether the error was harmless. See § 924.051(7), Fla. Stat. (2004). For the harmless error

State v. Strazdins

890 So. 2d 334, 2004 WL 3025255

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1285067

Cited 3 times | Published

State preserved the error in this appeal. See § 924.051(1)(b), (3), Fla. Stat. (2003). The trial court

Holley v. State

877 So. 2d 893, 2004 WL 1606670

District Court of Appeal of Florida | Filed: Jul 20, 2004 | Docket: 1285122

Cited 3 times | Published

raised and preserved in the trial court. See § 924.051(1)(b), Fla. Stat. (2002); Tillman v. State, 471

Crow v. State

866 So. 2d 1257, 2004 WL 305748

District Court of Appeal of Florida | Filed: Feb 19, 2004 | Docket: 1274043

Cited 3 times | Published

harmless error standard in criminal appeals. Section 924.051(7), Florida Statutes, states that "the party

State v. Cornuz

816 So. 2d 827, 2002 WL 1021691

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 605295

Cited 3 times | Published

Pursuant to the Criminal Appeal Reform Act, section 924.051(1)(b), Florida Statutes (2001), and longstanding

IB v. State

816 So. 2d 230, 2002 WL 939638

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 1753473

Cited 3 times | Published

Preservation of Error In Juvenile Cases Pursuant to section 924.051, Florida Statutes (2001), in order to preserve

JJT v. State

810 So. 2d 548, 2002 WL 232791

District Court of Appeal of Florida | Filed: Feb 19, 2002 | Docket: 1223900

Cited 3 times | Published

preserve this issue for appeal as required by section 924.051, Florida Statutes (1999), we affirm. J.J.T

Jefferson v. State

826 So. 2d 1006, 2001 WL 37801

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1662487

Cited 3 times | Published

conviction relief. See Fla. R.Crim. P. 3.850; § 924.051, Fla. Stat. (1999). Additionally, his reliance

Wallace v. State

768 So. 2d 1247, 2000 WL 1526409

District Court of Appeal of Florida | Filed: Oct 17, 2000 | Docket: 526803

Cited 3 times | Published

1129 (Fla.1986), despite contrary language in section 924.051(7), Florida Statutes (Supp.1996). Based on

Jelks v. State

770 So. 2d 183, 2000 WL 1363077

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 1779416

Cited 3 times | Published

imposed." Maddox, 760 So.2d at 104. [5] See § 924.051, Fla. Stat. (Supp.1996). [6] Implicit in the

Landreth v. State

739 So. 2d 1198, 1999 WL 550681

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 2558490

Cited 3 times | Published

because he did not raise it in the trial court. § 924.051, Fla. Stat. (1997). See Gregory v. State, 24 Fla

Cook v. State

736 So. 2d 739, 1999 WL 396974

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 1431909

Cited 3 times | Published

as a result of the prosecutor's comment. See § 924.051(3), Fla. Stat. (1997). We affirm Mr. Cook's judgment

Davis v. State

730 So. 2d 837, 1999 WL 212785

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 1755282

Cited 3 times | Published

burden of establishing prejudicial error. See § 924.051(7), Fla. Stat. (1997)("[T]he party challenging

State v. Sanders

728 So. 2d 777, 1999 WL 76405

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 1254322

Cited 3 times | Published

the appeal would be dismissed pursuant to section 924.051(3), Florida Statutes (Supp.1996).

Doherty v. State

726 So. 2d 837, 1999 WL 44327

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1711569

Cited 3 times | Published

errors we apply the prejudicial error test of section 924.051 rather than the constitutional harmless error

Butler v. State

723 So. 2d 865, 1998 WL 828061

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 2590126

Cited 3 times | Published

So.2d 1193 (Fla.1995). Accordingly, we affirm. § 924.051(3), Fla.Stat. (Supp.1996). See Weiss v. State

Jefferson v. State

724 So. 2d 105, 1998 WL 712688

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1410284

Cited 3 times | Published

96-248, at 953-57, Laws of Fla. (codified at § 924.051, Fla. Stat.). The Criminal Appeal Reform Act provides

Green v. State

720 So. 2d 1150, 1998 WL 796537

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 813289

Cited 3 times | Published

case, we find this error to be prejudicial. See § 924.051(4), Fla. Stat. (1997). As to the other points

Powell v. State

719 So. 2d 963, 1998 WL 712699

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1705155

Cited 3 times | Published

filing a motion to correct the sentence. See § 924.051(3), Fla. Stat. (Supp. 1996); Fla. R.App. P. 9

Young v. State

716 So. 2d 280, 1998 WL 347060

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 1521914

Cited 3 times | Published

was sentenced in 1994 so the interplay of section 924.051(4), Florida Statutes (Supp. 1996), and Florida

Perry v. State

714 So. 2d 563, 1998 WL 337261

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 1513770

Cited 3 times | Published

preserved, would constitute fundamental error." § 924.051(3), Fla. Stat. (1997). As used in this statute

Moody v. Campbell

713 So. 2d 1032, 1998 WL 290225

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 1732698

Cited 3 times | Published

39, Florida Statutes [now chapter 985] and section 924.051(4), Florida Statutes, does not apply in juvenile

Kopko v. State

709 So. 2d 159, 1998 WL 135084

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1278917

Cited 3 times | Published

Kopko did not preserve this issue, citing section 924.051, Florida Statutes (Supp.1996). However, this

Pryor v. State

704 So. 2d 217, 1998 WL 17360

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1355102

Cited 3 times | Published

error on the part of the sentencing court. See § 924.051(3), Fla. *218 Stat. (Supp.1996); Callins v. State

Louisgeste v. State

706 So. 2d 29, 1998 WL 2438

District Court of Appeal of Florida | Filed: Jan 7, 1998 | Docket: 1280531

Cited 3 times | Published

is properly before this court for review. See § 924.051(3) Fla. Stat. (Supp. 1996); Whitehead v. State

Johnson v. State

701 So. 2d 382, 1997 WL 683309

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 2579479

Cited 3 times | Published

errors were not preserved, as required by section 924.051(3), Florida Statutes (Supp.1996), because they

Russo v. Akers

701 So. 2d 366, 1997 WL 662369

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 1443047

Cited 3 times | Published

850 motion. The Public Defender argues that section 924.051(9), Florida Statutes (Supp.1996), prohibits

Larson v. State

700 So. 2d 388, 1997 WL 423076

District Court of Appeal of Florida | Filed: Jul 29, 1997 | Docket: 2578639

Cited 3 times | Published

before July 1, 1996, the effective date of section 924.051, Florida Statutes, at a time when an unpreserved

Rangel v. State

692 So. 2d 277, 1997 WL 199357

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 2577088

Cited 3 times | Published

Appellate Procedure, 685 So.2d 773, 775 (Fla.1996); § 924.051(3) & (4), Fla. Stat. (Supp.1996); Middleton v

Ivory Lee Robinson v. State of Florida

215 So. 3d 1262, 2017 Fla. App. LEXIS 4539

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668613

Cited 2 times | Published

preserved, would constitute fundamental error.” § 924.051(3), Fla. Stat. An issue is not preserved -within

Berube v. State

149 So. 3d 1165, 2014 Fla. App. LEXIS 17393, 2014 WL 5394501

District Court of Appeal of Florida | Filed: Oct 24, 2014 | Docket: 60243774

Cited 2 times | Published

that the error was harmful or “prejudicial.” § 924.051(l)(a), Fla. Stat. (2002); Sampson v. State, 903

Berube v. State

149 So. 3d 1165, 2014 Fla. App. LEXIS 17393, 2014 WL 5394501

District Court of Appeal of Florida | Filed: Oct 24, 2014 | Docket: 60243774

Cited 2 times | Published

that the error was harmful or “prejudicial.” § 924.051(l)(a), Fla. Stat. (2002); Sampson v. State, 903

State v. Currilly

126 So. 3d 1244, 2013 WL 6050849, 2013 Fla. App. LEXIS 18224

District Court of Appeal of Florida | Filed: Nov 15, 2013 | Docket: 60236279

Cited 2 times | Published

the relief sought and the grounds therefor.” § 924.051(l)(b), Florida Statutes (2011) (emphasis added);

Walling v. State

105 So. 3d 660, 2013 WL 335929, 2013 Fla. App. LEXIS 1384

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227958

Cited 2 times | Published

Joiner v. State, 618 So.2d 174, 176 (Fla.1993); § 924.051(1)(b), Fla. Stat. (2011). Actual bias or prejudice

Holden v. State

90 So. 3d 902, 2012 WL 2138102, 2012 Fla. App. LEXIS 9596

District Court of Appeal of Florida | Filed: Jun 14, 2012 | Docket: 60309692

Cited 2 times | Published

reserved for appellate review pursuant to section 924.051(4).”). Possibly without counsel, appellant

Baker v. State

4 So. 3d 758, 2009 Fla. App. LEXIS 2133, 2009 WL 593196

District Court of Appeal of Florida | Filed: Mar 10, 2009 | Docket: 60295123

Cited 2 times | Published

Dorminey v. State, 314 So.2d 134 (Fla.1975)); § 924.051(3), Fla. Stat. (2005) (“[a]n appeal may not be

C.E.L. v. State

995 So. 2d 558, 2008 Fla. App. LEXIS 13593

District Court of Appeal of Florida | Filed: Sep 5, 2008 | Docket: 64856885

Cited 2 times | Published

this would preclude review of the issue. See § 924.051(1), (3), Fla. Stat. (2007). Here, however, the

Walker v. State

988 So. 2d 6, 2007 WL 4462982

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1384750

Cited 2 times | Published

96-248, section 4, Laws of Florida, codified at section 924.051, Florida Statutes (Supp.1996), and the issuance

State v. Jimenez-Porras

974 So. 2d 422, 2007 Fla. App. LEXIS 16375, 2007 WL 3034933

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 2560172

Cited 2 times | Published

'" Ayers, 901 So.2d at 944 (quoting in part section 924.051(1)(b), Fla. Stat.). Accordingly, we reverse

State v. Casey

908 So. 2d 600, 2005 WL 1993505

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1724746

Cited 2 times | Published

the relief sought and the grounds therefor." § 924.051(1)(b), Fla. Stat. (2004); accord Baskin v. State

Cole v. State

866 So. 2d 761, 2004 Fla. App. LEXIS 1797, 2004 WL 305606

District Court of Appeal of Florida | Filed: Feb 19, 2004 | Docket: 64828363

Cited 2 times | Published

error complained of was harmless. See, e.g., § 924.051(3), Fla. Stat. (2003) (“A judgment or sentence

Cole v. State

866 So. 2d 761, 2004 Fla. App. LEXIS 1797, 2004 WL 305606

District Court of Appeal of Florida | Filed: Feb 19, 2004 | Docket: 64828363

Cited 2 times | Published

error complained of was harmless. See, e.g., § 924.051(3), Fla. Stat. (2003) (“A judgment or sentence

Binder v. State

853 So. 2d 537, 2003 WL 22023231

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1189309

Cited 2 times | Published

(Fla. 4th DCA 1996); Fla. R.App. P. 9.140(b)(2); § 924.051(4), Fla. Stat. (2002). AFFIRMED. ORFINGER and

Taylor v. State

848 So. 2d 1191, 2003 WL 21297235

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1712310

Cited 2 times | Published

[2] See, Florida Rule App. Proc. 9.140(b)(2); § 924.051(4), Florida Statutes (2002); Leonard v. State

Beck v. State

817 So. 2d 858, 2002 WL 507140

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1430168

Cited 2 times | Published

Statutes (Supp. 1996), dictates another outcome. Section 924.051(3) provides: An appeal may not be taken from

JS v. State

805 So. 2d 37, 2001 WL 1555329

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 1669622

Cited 2 times | Published

prescribed by section 924.051 and the Florida Rules of Appellate Procedure." Section 924.051 of the Florida

Hampton v. State

796 So. 2d 1260, 2001 WL 1230577

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 2581357

Cited 2 times | Published

demonstrate that the error was prejudicial under section 924.051(7), Florida Statutes (Supp.1996). After Ryals

Wilson v. State

786 So. 2d 632, 2001 WL 487174

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 1278940

Cited 2 times | Published

preserved or amounts to fundamental error. See § 924.051(3), Fla. Stat. (2000). It is well-settled that

Terry v. State

764 So. 2d 571, 2000 WL 963882

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 1173504

Cited 2 times | Published

window period between the effective date of section 924.051, Florida Statutes (Supp. 1996), and our recent

Paulk v. State

765 So. 2d 147, 25 Fla. L. Weekly Fed. D 1560

District Court of Appeal of Florida | Filed: Jun 26, 2000 | Docket: 428798

Cited 2 times | Published

subject matter, based on 1996 amendments to section 924.051(4). Citing Amendments to the Florida Rules

Covert v. State

775 So. 2d 315, 2000 WL 571384

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 433102

Cited 2 times | Published

failed to move for plea withdrawal). See also § 924.051(4), Fla. Stat. (1997). Accordingly, we affirm

Trombley v. State

754 So. 2d 121, 2000 WL 282339

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1523566

Cited 2 times | Published

nor did he later move to withdraw his plea. See § 924.051(3), Fla. Stat.; Fla.App. R. Proc. 9.140(b)(2)(B)(ii)

Trombley v. State

754 So. 2d 121, 2000 WL 282339

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1523566

Cited 2 times | Published

nor did he later move to withdraw his plea. See § 924.051(3), Fla. Stat.; Fla.App. R. Proc. 9.140(b)(2)(B)(ii)

Miller v. State

751 So. 2d 115, 2000 WL 5925

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 1310232

Cited 2 times | Published

not be raised for the first time on appeal. See § 924.051(3), Fla. Stat. (1999); Fla. R.App. P. 9.140. We

Day v. State

746 So. 2d 1219, 1999 WL 1215612

District Court of Appeal of Florida | Filed: Dec 21, 1999 | Docket: 1360234

Cited 2 times | Published

preserved for appellate review. § 924.051, Fla. Stat. (1997). Although section 924.051 permits review of unpreserved

Morrell v. State

779 So. 2d 304, 1999 WL 462104

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 420192

Cited 2 times | Published

of the relief sought and the grounds therefor. § 924.051(b), Fla. Stat. (1997). Here, Morrell timely objected

Medina v. State

732 So. 2d 1153, 1999 WL 212804

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 2352431

Cited 2 times | Published

*1155 State, 728 So.2d 748 (Fla. 3d DCA 1998); § 924.051, Fla. Stat. (1997); see also Amendments to the

Collins v. State

732 So. 2d 1149, 1999 WL 201976

District Court of Appeal of Florida | Filed: Apr 13, 1999 | Docket: 460426

Cited 2 times | Published

Florida Rule of Criminal Procedure 3.800(b) and section 924.051 Florida Statutes (1996). Neal v. State, 688

Hannah v. State

732 So. 2d 3, 1999 WL 163998

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 460382

Cited 2 times | Published

failed to demonstrate prejudice as required by section 924.051(3)(7), Florida Statutes (1997), this court

Galindez v. State

728 So. 2d 333, 1999 WL 123587

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 2566161

Cited 2 times | Published

COPE and SHEVIN, JJ. PER CURIAM. Affirmed. See § 924.051(7), Fla. Stat. (Supp.1996).

Adams v. State

727 So. 2d 983, 1999 WL 22281

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 1438946

Cited 2 times | Published

cannot be raised for the first time on appeal. See § 924.051(3), Fla. Stat. (1997). Moreover, even if the defense

Adkins v. State

729 So. 2d 955, 1998 WL 889754

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1171261

Cited 2 times | Published

Criminal Appeal Reform Act of 1996, Ch. 96-248. Section 924.051(8), Florida Statutes, which provides that the

Jett v. State

722 So. 2d 211, 1998 WL 316558

District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 1241632

Cited 2 times | Published

and resentencing all antedate enactment of section 924.051(5), Florida Statutes (Supp.1996). Cf. Singletary

Perez v. State

717 So. 2d 605, 1998 WL 617947

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1681327

Cited 2 times | Published

Reform Act of 1996, Ch. 96-248, Laws of Florida; § 924.051(3), Fla. Stat. (Supp.1996),[3] reads as follows:

Battie v. Singletary

718 So. 2d 323, 1998 WL 618160

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 466212

Cited 2 times | Published

defendant may not appeal the judgment or sentence." § 924.051(4), Fla. Stat. (1997). The petition must be denied

Mitchell v. State

717 So. 2d 609, 1998 WL 634900

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1277331

Cited 2 times | Published

time below, it is not preserved for review. See § 924.051(1)(b), Fla. Stat. (1997). Under the statute, an

TG v. State

717 So. 2d 128, 1998 WL 568331

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1681326

Cited 2 times | Published

1998). In T.M.B., the supreme court held that section 924.051, Florida Statutes (1997), is inapplicable to

Mayes v. State

718 So. 2d 852, 1998 WL 552794

District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 466357

Cited 2 times | Published

objection to Officer Key's gratuitous remarks. See § 924.051(7), Fla. Stat. (1997). Affirmed. KLEIN and TAYLOR

Jones v. State

715 So. 2d 378, 1998 WL 484503

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 2549260

Cited 2 times | Published

contained prejudicial error, as required by section 924.051(7), Florida Statutes. Goodwin v. State, 23

Benelhocine v. State

717 So. 2d 104, 1998 WL 484052

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 2559249

Cited 2 times | Published

he was pressured into his plea. Pursuant to section 924.051(4), Florida Statutes (Supp.1996): "If a defendant

JPC v. State

712 So. 2d 1229, 1998 WL 337263

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 1471963

Cited 2 times | Published

appeals, the state relies upon recently enacted section 924.051, Florida Statutes (Supp.1996), for the proposition

Hart v. State

710 So. 2d 1047, 1998 WL 281335

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1641363

Cited 2 times | Published

in the first instance in the trial court. See § 924.051(3), Fla. Stat. (Supp.1996). Loring v. State, 674

Consulate General of Mexico v. Phillips

17 F. Supp. 2d 1318, 1998 WL 483981

District Court, S.D. Florida | Filed: May 11, 1998 | Docket: 2356501

Cited 2 times | Published

Petitioner further contends that pursuant to Fla.Stat. § 924.051, the state court prevented Petitioner from making

Smith v. State

711 So. 2d 100, 1998 WL 176682

District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 1337319

Cited 2 times | Published

is barred as unpreserved and nonprejudicial. § 924.051, Fla. Stat.; Fla. R.Crim. P. 3.800(b). I would

Carson v. State

707 So. 2d 898, 1998 WL 95299

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 1259801

Cited 2 times | Published

defendant's claim of error possesses merit, due to section 924.051, Florida Statutes (Supp.1996), we cannot grant

Peavy v. State

706 So. 2d 943, 1998 WL 93952

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 2581087

Cited 2 times | Published

was sentenced after the effective date of section 924.051(3), Florida Statutes (1997) which states that

Quesada v. State

707 So. 2d 808, 1998 WL 64102

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 1259791

Cited 2 times | Published

because it has not been preserved for review. Section 924.051(3), Florida Statutes, and Florida Rule of Criminal

State v. Mae

706 So. 2d 350, 1998 WL 23819

District Court of Appeal of Florida | Filed: Jan 23, 1998 | Docket: 1280724

Cited 2 times | Published

issue presented in its brief, as required by section 924.051(3), Florida Statutes (Supp.1996). On September

Abbott v. State

705 So. 2d 923, 1998 WL 25574

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1560386

Cited 2 times | Published

by the appellant, who was sentenced after section 924.051(3), Florida Statutes became effective, is fundamental

Miller v. State

697 So. 2d 586, 1997 WL 441898

District Court of Appeal of Florida | Filed: Aug 7, 1997 | Docket: 2580871

Cited 2 times | Published

has moved to dismiss under the authority of section 924.051, Florida Statutes (Supp.1996). As we explained

Cowan v. State

701 So. 2d 353, 1997 WL 346019

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 1470331

Cited 2 times | Published

in effect in 1985. The state responds that section 924.051, Florida Statutes (Supp.1996), which was created

Rivera v. State

274 So. 3d 537

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64718356

Cited 1 times | Published

confrontation clause. Id. at 1242-43 (quoting § 924.051(1)(b), Fla. Stat. (2002) ). Furthermore, in Corona

Charles v. State

258 So. 3d 549

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146142

Cited 1 times | Published

exception to the preservation requirements. See § 924.051(3), Fla. Stat. (2016); Cherisma v. State, 86 So

Michael Ryan Baugh v. State of Florida

253 So. 3d 761

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741304

Cited 1 times | Published

we review this issue for fundamental error. § 924.051(3), Fla. Stat. (2015); Sparks v. State, 740 So

State of Florida v. Vernal Murray

161 So. 3d 1287, 2015 Fla. App. LEXIS 5114

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679407

Cited 1 times | Published

relief sought and grounds for the objection. § 924.051(1)(b), Fla. Stat. (2013). See also Harrell

Truett v. State

105 So. 3d 656, 2013 WL 335928, 2013 Fla. App. LEXIS 1211

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227953

Cited 1 times | Published

statutory definition of ‘preserved’ set forth in section 924.051(l)(b), Florida Statutes (2005). In the case

Truett v. State

105 So. 3d 656, 2013 WL 335928, 2013 Fla. App. LEXIS 1211

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227953

Cited 1 times | Published

statutory definition of ‘preserved’ set forth in section 924.051(l)(b), Florida Statutes (2005). In the case

Frames v. State

33 So. 3d 810, 2010 Fla. App. LEXIS 6211

District Court of Appeal of Florida | Filed: Apr 27, 2010 | Docket: 60289964

Cited 1 times | Published

PER CURIAM. AFFIRMED. See § 924.051(4), Fla. Stat. (2009). MONACO, C.J., TORPY and EVANDER, JJ., concur

State v. Pruitt

977 So. 2d 604, 2007 WL 4322332

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 2585808

Cited 1 times | Published

these points for the first time on appeal: See § 924.051(1)(b), (3), Fla. Stat. (2006); F.B. v. State,

Smith v. State

968 So. 2d 108, 2007 WL 4119194

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1745495

Cited 1 times | Published

the relief sought and the grounds therefor." § 924.051(1)(b), Fla. Stat. (2006); Williams v. State, 414

Rodas v. State

967 So. 2d 444, 2007 WL 3274780

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1733552

Cited 1 times | Published

by a timely objection in the trial court. See § 924.051, Fla. Stat. (2006). A fundamental error is an

Hadnot v. State

956 So. 2d 1206, 2007 WL 1450706

District Court of Appeal of Florida | Filed: May 18, 2007 | Docket: 1481057

Cited 1 times | Published

So.2d 445, 447 (Fla. 4th DCA 2002); see also § 924.051(3), Fla. Stat. (2004) (stating that an appeal

Sibley v. State

955 So. 2d 1222, 2007 WL 1372676

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 1186945

Cited 1 times | Published

Jeopardy Claim The State argues, pursuant to section 924.051(4), Florida Statutes, that this Court lacks

Reyes v. State

952 So. 2d 1262, 2007 WL 1063431

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 1703525

Cited 1 times | Published

information given to him by the informant. Analysis Section 924.051(3), Florida Statutes (2004), provides: An appeal

Williams v. State

935 So. 2d 638, 2006 WL 2345537

District Court of Appeal of Florida | Filed: Aug 15, 2006 | Docket: 2561772

Cited 1 times | Published

raise such a timely and specific objection. See § 924.051(1)(b), Fla. Stat. (2005) (requiring that objection

Morris v. State

909 So. 2d 428, 2005 Fla. App. LEXIS 12765, 2005 WL 1991759

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64840151

Cited 1 times | Published

issue has not been preserved for review. See § 924.051, Fla. Stat.; Oliver v. State, 379 So.2d 143 (Fla

Selwyn v. State

903 So. 2d 361, 2005 WL 1397373

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1258398

Cited 1 times | Published

procedural safeguards were not followed. See § 924.051(1)(b), Fla. Stat. (2004). Therefore, we affirm

Black v. State

864 So. 2d 464, 2003 WL 23014384

District Court of Appeal of Florida | Filed: Dec 29, 2003 | Docket: 1426070

Cited 1 times | Published

conduct a harmless error inquiry. See, e.g., § 924.051(3), Fla. Stat. (2003) ("A judgment or sentence

Kearse v. State

858 So. 2d 1247, 2003 WL 22681590

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 1513540

Cited 1 times | Published

ORFINGER and MONACO, JJ., concur. NOTES [1] Section 924.051(4), Florida Statutes, provides that "[i]f a

State v. Mark Marks, P.A.

833 So. 2d 249, 2002 Fla. App. LEXIS 19137

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64819600

Cited 1 times | Published

raise the argument in the circuit court. See § 924.051(1)(b), (3), Fla. Stat. (2002). There is no fundamental

Swanson v. State

823 So. 2d 281, 2002 WL 1815874

District Court of Appeal of Florida | Filed: Aug 9, 2002 | Docket: 1512804

Cited 1 times | Published

of, but failed to disclose these statements. § 924.051; Archer v. State, 613 So.2d 446 (Fla.1993); Pope

Seccia v. State

786 So. 2d 12, 2001 WL 328562

District Court of Appeal of Florida | Filed: Apr 5, 2001 | Docket: 1681964

Cited 1 times | Published

motion to correct the sentence, as required by section 924.051, Florida Statutes (Supp. 1996), and Florida

Way v. State

774 So. 2d 896, 2001 WL 6188

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 1697975

Cited 1 times | Published

in any event, the issue was not preserved. See § 924.051(1)(b) and (3), Fla.Stat. (1998); Green v. State

Charles v. State

763 So. 2d 316, 2000 WL 963888

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 1681890

Cited 1 times | Published

window period between the effective date of section 924.051, Florida Statutes (Supp. 1996), and our recent

Wise v. State

767 So. 2d 1162, 2000 WL 854310

Supreme Court of Florida | Filed: Jun 29, 2000 | Docket: 1193752

Cited 1 times | Published

window period between the effective date of section 924.051, Florida Statutes (Supp. 1996), and our recent

Maddox v. State

760 So. 2d 89, 25 Fla. L. Weekly Supp. 367, 2000 Fla. LEXIS 906

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 64797897

Cited 1 times | Published

direct appeal in light of the adoption of section 924.051, Florida Statutes (Supp.1996), enacted as part

Blevins v. State

756 So. 2d 1052, 2000 WL 368906

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1516764

Cited 1 times | Published

collateral burglary to prove Blevins' identity. See § 924.051(1)(b),(3), Fla. Stat. Similar fact evidence is

Minor v. State

763 So. 2d 1169, 2000 WL 36269

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 1278630

Cited 1 times | Published

been presented to the trial court"); see also § 924.051(1)(b), Fla. Stat. (1997). As to those questions

Adams v. State

743 So. 2d 1216, 1999 WL 1037993

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 527197

Cited 1 times | Published

error requiring reversal and a new trial. See § 924.051(3), Fla. Stat. As to all other issues raised on

Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800

761 So. 2d 1015, 24 Fla. L. Weekly Supp. 530, 1999 Fla. LEXIS 1989, 1999 WL 1029285

Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 64798487

Cited 1 times | Published

defendant may not appeal the judgment or sentence. § 924.051(3)-(4), Fla. Stat. (Supp.1996) (emphasis supplied)

Dobson v. State

737 So. 2d 590, 1999 WL 436810

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 1300868

Cited 1 times | Published

argument must be presented to the lower court. See § 924.051(1)(b), Fla. Stat. (1997); Tillman v. State, 471

Calloway v. State

734 So. 2d 1079, 1999 WL 71453

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1442919

Cited 1 times | Published

Notwithstanding the reasonableness of the section 924.051(3) restrictions on the right to appeal, see

Carridine v. State

721 So. 2d 818, 1998 WL 876973

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 1694466

Cited 1 times | Published

is for this reason that we do not find that section 924.051, Florida Statutes (1997), impliedly modifies

Adside v. State

722 So. 2d 228, 1998 WL 777451

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1669252

Cited 1 times | Published

these claims of sentencing error as waived. See § 924.051(1)(b), Fla. Stat. (Supp.1996). Having found no

J.S. v. State

717 So. 2d 175, 1998 Fla. App. LEXIS 11624

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 64782684

Cited 1 times | Published

In that case, the supreme court held that section 924.051, Florida Statutes (1997), was inapplicable

J.R.V. v. State

715 So. 2d 1135, 1998 Fla. App. LEXIS 10495

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 64782166

Cited 1 times | Published

v. State, 711 So.2d 241 (Fla. 5th DCA 1998); § 924.051(1)(b), Fla. Stat. (1996 Supp.). See also Hart

Mike v. State

708 So. 2d 1042, 1998 WL 216070

District Court of Appeal of Florida | Filed: May 5, 1998 | Docket: 2570588

Cited 1 times | Published

PRESENTED TO THE TRIAL COURT, IN LIGHT OF SECTION 924.051(3), FLORIDA STATUTES (SUPP.1996), AND AMENDED

Jennings v. State

704 So. 2d 1078, 1998 WL 25570

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 2485883

Cited 1 times | Published

Davis v. State, 661 So.2d 1193, 1196 (Fla. 1995); § 924.051(3), Fla. Stat. (Supp.1996). We need not address

Hunter v. State

700 So. 2d 728, 1997 WL 578022

District Court of Appeal of Florida | Filed: Sep 19, 1997 | Docket: 1719637

Cited 1 times | Published

however, there is nothing for this court to review. § 924.051, Fla. Stat. (1996 Supp.). This is a perfect case

Mancino v. State

689 So. 2d 1235, 1997 WL 114929

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 1739243

Cited 1 times | Published

So.2d 773, App. 799-807 (Fla. 1996). See also § 924.051, Fla. Stat. (Supp. 1996) (imposing terms and conditions

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 69533864

Published

requirement that Rule 9.140 codifies—found in section 924.051(4), and repeated in section 924.06(3), Florida

Alvin Viani Freeman v. State of Florida

District Court of Appeal of Florida | Filed: Aug 8, 2025 | Docket: 71060667

Published

So. 2d 1148, 1149 (Fla. 2d DCA 1998) (citing § 924.051, Fla. Stat. (1996)), approved, 763 So. 2d 316

Magbanua v. State of Florida

District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690159

Published

Magbanua has not demonstrated prejudicial error. See § 924.051(1)(a), Fla. Stat. (2022) (“‘Prejudicial error’

Thomas Lee Gudinas v. State of Florida

Supreme Court of Florida | Filed: Jun 17, 2025 | Docket: 70562418

Published

and resolved at the first opportunity.” § 924.051(8), Fla. Stat. The litigation of a successive

Ralph Waldo Emerson, IV v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454061

Published

Reform Act of 1996, the Legislature enacted section 924.051(4), which stated that a defendant pleading

Duckens Oxyde v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260695

Published

make any objection below to this evidence. See § 924.051(3), Fla. Stat. (2023). With respect to Defendant’s

Glen Edward Rogers v. State of Florida

Supreme Court of Florida | Filed: May 8, 2025 | Docket: 70228340

Published

resolved at the first opportunity.’ ” Id. (quoting § 924.051(8), Fla. Stat.). Strict procedural bars apply

Thomas Dexter Lewis v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929826

Published

as our supreme court pointed out in Earl, section 924.051(7), Florida Statutes, which has remained unchanged

Thomas Reaves v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899469

Published

dispositive and consequently not appealable. See § 924.051(4), Fla. Stat. (2024) (“If a defendant pleads

Cooper Michael Sauls v. State of Florida

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843479

Published

on our authority in this area” imposed by section 924.051(4) and (8), Florida Statutes (1996), which

Robert Brown v. State of Florida

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69807916

Published

1255 (Fla. 2021). As the Earl court observed, section 924.051 makes abundantly clear that, to challenge a

Luis Alberto Perez v. State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793425

Published

motion to correct illegal sentence as moot. See § 924.051(3), Fla. Stat. (2024) (“A judgment or sentence

Isaaih X Ash v. State of Florida

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69673940

Published

courts cannot reverse on unpreserved issues. See § 924.051(3), Fla. Stat.; see, e.g., Washington v. State

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

did not preserve the issue for our review. See § 924.051(1)(b), (3), Fla. Stat. (2023); Sparre v. State

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

did not preserve the issue for our review. See § 924.051(1)(b), (3), Fla. Stat. (2023); Sparre v. State

Byron Turner v. the State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632466

Published

926, 928 (Fla. 2021): [W]e hold that section 924.051(3), Florida Statutes (2020), which prohibits

James D. Ford v. State of Florida

Supreme Court of Florida | Filed: Feb 7, 2025 | Docket: 69621616

Published

raised and resolved at the first opportunity.” § 924.051(8), Fla. Stat. The litigation of a successive

Terrance Jamahl Allen v. State of Florida

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612287

Published

State, 142 So. 3d 883, 887 (Fla. 1st DCA 2014); § 924.051(3), Fla. Stat. ROBERTS, BILBREY, and NORDBY,

Adrian Gore v. State of Florida

District Court of Appeal of Florida | Filed: Jan 17, 2025 | Docket: 69554643

Published

with [the] Court’s precedent interpreting” section 924.051, Florida Statutes (2020), as having “itself

Martesha Williams Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455314

Published

2021) (“[B]ased on the plain language of section 924.051(3), unpreserved claims of ineffective assistance

Harris v. State of Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435170

Published

a sufficient opportunity for correction. See § 924.051(1)(b), Fla. Stat.; State v. Ivey, 285 So. 3d 281

David Lai v. State of Florida

District Court of Appeal of Florida | Filed: Nov 19, 2024 | Docket: 69378869

Published

State, 51 So. 3d 445, 448 (Fla. 2010); see also § 924.051(3), Fla. Stat. (2024) (“An appeal may not be taken

David Lai v. State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378869

Published

State, 51 So. 3d 445, 448 (Fla. 2010); see also § 924.051(3), Fla. Stat. (2024) (“An appeal may not be taken

Wallace v. State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324004

Published

appeal the denial of the motion to suppress. See § 924.051(4), Fla. Stat.; Fla. R. App. P 9.140(b)(2)(A);

Louis Mercado v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2024 | Docket: 68973334

Published

Argued: Jul 24, 2024

demonstrating” reversible error. FLA. STAT. § 924.051(7); see also Clark v. State, 572 So. 2d

Deon Jones v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 68939975

Published

State, 857 So. 2d 845, 852 (Fla. 2003)); see also § 924.051(3), Fla. Stat. (2023). This rule on preservation

DEANDRAE LEON GARY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 28, 2024 | Docket: 68896028

Published

So. 3d 926, 928 (Fla. 2021) (holding that section 924.051(3), Florida Statutes (2020), which prohibits

Shannon Maurice Jackson v. State of Florida

District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886287

Published

cognizable in the appeal before us here. See § 924.051(4), Fla. Stat.; Leonard v. State, 760 So. 2d 114

Ronald Stuyvesant Boyd v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829284

Published

relief “absent a showing of prejudice.” (citing § 924.051, Fla. Stat.)). Second, Boyd invited the

I. R. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68814078

Published

prejudicial error occurred in the trial court.” § 924.051(7), Fla. Stat. (2022).2 In addition, that prejudicial

ANDREWS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68529766

Published

legal ground for the objection. See generally § 924.051(1)(b), Fla. Stat. (2022) (" 'Preserved'

BRENDAN SIGISMONDI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63591352

Published

32, 35 (Fla. 1985) (emphasis added); see also § 924.051, Fla. Stat. (2021) (" 'Preserved'

Daniel Kandler v. State of Florida

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065661

Published

reserved for appellate review pursuant to section 924.051(4)”). Our summary affirmance is without

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND HONORABLE SAMANTHA LEE WARD

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68034631

Published

724 So. 2d 1151, 1153 (Fla. 1998); see also § 924.051(9), Fla. Stat. (2022) ("Funds, resources

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68034631

Published

724 So. 2d 1151, 1153 (Fla. 1998); see also § 924.051(9), Fla. Stat. (2022) ("Funds, resources

D.M.T., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 5, 2023 | Docket: 67557710

Published

unpreserved issue constitutes fundamental error. See § 924.051(3), Fla. Stat. (2022) (“An appeal may not be taken

Reynaldo Figueroa-Sanabria v. State of Florida

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538862

Published

the relief sought and the grounds therefor.” § 924.051(1)(b), Fla. Stat. The argument on appeal “must

STATE OF FLORIDA v. BRYON KEITH DANIELS

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879518

Published

appearance for appellee. PER CURIAM. Affirmed. See § 924.051(1)(b) and (3), Fla. Stat. (2021). GROSS, MAY

Darryl Len Morgan v. State of Florida

Supreme Court of Florida | Filed: Nov 3, 2022 | Docket: 65664767

Published

Legislature and in the Florida Constitution. See § 924.051(8), Fla. Stat. (2017) (“It is the intent of the

DYLAN THOMAS ROBERTS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 63236219

Published

hence, it was not preserved for our review. See § 924.051(3), Fla. Stat. (2020) (requiring preservation

RAFAEL A. CARRION v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 16, 2022 | Docket: 65353375

Published

fundamental, explaining that pursuant to section 924.051(3), Florida Statutes, a defendant is foreclosed

JILLIAN SCHAEFER vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 17, 2022 | Docket: 68035400

Published

reserved for appellate review pursuant to section 924.051(4)”); see also Jamerson v. State, 291 So.

Henry Martin Steiger v. State of Florida

Supreme Court of Florida | Filed: Nov 10, 2021 | Docket: 60858238

Published

the reasons explained below, we hold that section 924.051(3), Florida Statutes (2020), which prohibits

Barry A. Noetzel v. State of Florida

Supreme Court of Florida | Filed: Nov 10, 2021 | Docket: 60858240

Published

632 So. 2d 1372, 1374 (Fla. 1994); see also § 924.051(3), Fla. Stat. (2020) (“A judgment or sentence

Gary Michael Hilton v. State of Florida & Gary Michael Hilton v. Mark S. Inch, etc.

Supreme Court of Florida | Filed: Aug 26, 2021 | Docket: 60314060

Published

the issue with timeliness and specificity. See § 924.051(1)(b), Fla. Stat. (2019); see also Castor v. State

State of Florida v. Vernson Edward Dortch

Supreme Court of Florida | Filed: May 20, 2021 | Docket: 59921668

Published

or sentence. Ch. 96-248, § 4, Laws of Fla.; § 924.051(4), Fla. Stat. (Supp. 1996). Despite the categorical

Jermaine Earl v. State of Florida

Supreme Court of Florida | Filed: Apr 8, 2021 | Docket: 59804368

Published

prejudicial error occurred in the trial court.” § 924.051(7), Fla. Stat. (2020). FACTS AND

ELEAZAR HERNANDEZ-PEREZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 31, 2021 | Docket: 59780282

Published

relief sought and the grounds therefor” (quoting § 924.051(1)(b), Fla. Stat. (2015))); see also Philip Morris

JOEL MCFARLANE v. State

District Court of Appeal of Florida | Filed: Jan 13, 2021 | Docket: 29102115

Published

is constitutionally or statutorily mandated.” § 924.051(9), Fla. Stat. (2020). Additionally, the trial

J.B., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512284

Published

Preservation and Fundamental Error Section 924.051(3), Florida Statutes (2019), provides, in pertinent

LINCARE HOLDINGS, INC. v. SHARON D. FORD

District Court of Appeal of Florida | Filed: Sep 30, 2020 | Docket: 18488446

Published

So. 2d 600, 601 (Fla. 2d DCA 2005) (quoting § 924.051(1)(b), Fla. Stat. (2004)). Lincare repeatedly

Ronald Lee Coleman v. State of Florida

District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435265

Published

and the subsequent Legislative enactment of section 924.051(3), Florida Statutes (1996), when determining

State of Florida v. Shawnest Angelo Ivey

Supreme Court of Florida | Filed: Dec 5, 2019 | Docket: 68539972

Published

the relief sought and the grounds therefor,” § 924.051(1)(b), Fla. Stat. (2015). “The purpose of this

BRIAN K. SMITH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432701

Published

on appeal only if fundamental error occurred. § 924.051(3), Fla. Stat.; Taylor v. State, 62 So. 3d 1101

BRIAN K. SMITH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432702

Published

on appeal only if fundamental error occurred. § 924.051(3), Fla. Stat.; Taylor v. State, 62 So. 3d 1101

Edward Lamont Hicks v. State of Florida

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16102231

Published

right to appeal a legally dispositive issue.” § 924.051(4), Fla. Stat. The applicable procedural rule

Travis R. Brown v. State of Florida

District Court of Appeal of Florida | Filed: Aug 22, 2019 | Docket: 16095932

Published

which was preserved by proper objection.”); § 924.051(7), Fla. Stat. (“[T]he party challenging the judgment

Roger N. Rosier v. State of Florida

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15855446

Published

objection in the trial court . . .”). See also § 924.051(3), Fla. Stat. (“An appeal may not be taken from

Rivera v. State

274 So. 3d 537

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64718357

Published

confrontation clause. Id. at 1242-43 (quoting § 924.051(1)(b), Fla. Stat. (2002) ). Furthermore, in Corona

Edward Lamont Hicks v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762813

Published

alternate, independent bases to affirm. Cf., e.g., § 924.051(3), Fla. Stat. (“An appeal may not be taken from

William Burr Milliron v. State of Florida

274 So. 3d 1173

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738271

Published

reserved for appellate review pursuant to section 924.051(4),” the district court “should affirm summarily”

Kenneth Osborne v. State of Florida

273 So. 3d 281

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 15733749

Published

” Fla. R. App. P. 9.140(b)(2)(A)(i); see also § 924.051(4), Fla. Stat. (2016) (“If a defendant pleads

WILL TWIGG v. STATE OF FLORIDA

254 So. 3d 464

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7742946

Published

preserved arguments and fundamental error. Section 924.051(2), Florida Statutes (2017), states that “[t]he

WILL TWIGG v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567949

Published

preserved arguments and fundamental error. Section 924.051(2), Florida Statutes (2017), states that “[t]he

State v. Ronald Grate

252 So. 3d 351

District Court of Appeal of Florida | Filed: Jul 23, 2018 | Docket: 7588431

Published

civil traffic infraction proceedings. Accord § 924.051(9), Fla. Stat. (2018) (“Funds, resources, or

Hernandez v. State

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716296

Published

trial court are reviewed for fundamental error. § 924.051(3), Fla. Stat. (2016); Jean-Baptiste v. State

Dortch v. State

242 So. 3d 431

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 64677792

Published

dismissed appeals for lack of jurisdiction. Section 924.051(4), Florida Statutes (2016), states, "If a

VERNSON EDWARD DORTCH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354236

Published

dismissed appeals for lack of jurisdiction. Section 924.051(4), Florida Statutes (2016), states, “If a

Foster v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236460

Published

cabin the scope of a defendant's appeal. Section 924.051(4), Florida Statutes (2016), states that "if

Foster v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6238218

Published

cabin the scope of a defendant's appeal. Section 924.051(4), Florida Statutes (2016), states that "if

Russ v. State

230 So. 3d 510

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165068

Published

Fla. R. App. P. 9.140(b)(2)(A)(i); Fla Stat. § 924.051(4) (2015); Leonard v. State, 760 So.2d 114, 119

Shawnest Angelo Ivey v. State of Florida

District Court of Appeal of Florida | Filed: Sep 12, 2017 | Docket: 6151403

Published

the relief sought and the grounds therefor,” § 924.051(1)(b), Fla. Stat., is consistent with Florida

Waymon Kirkland v. State of Florida

225 So. 3d 920, 2017 WL 3428756, 2017 Fla. App. LEXIS 11496

District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135895

Published

fundamental error in. order to reverse. See § 924,051(3), Fla. Stat. We first observe that the

State v. Richardville

216 So. 3d 654, 2017 WL 1400736, 2017 Fla. App. LEXIS 5369

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265461

Published

state did not preserve the step 1 error. See § 924.051(3), Fla. Stat. (2016) (“An appeal may not be taken

Portillo v. State

211 So. 3d 1135, 2017 WL 697729, 2017 Fla. App. LEXIS 2348

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 4608343

Published

2011) (internal quotations omitted); see also § 924.051(1)(b), Fla. Stat. (2014) (a legal argument is

State of Florida v. Adrea Vernique Wiley

210 So. 3d 658, 42 Fla. L. Weekly Supp. 149, 2017 WL 526510, 2017 Fla. LEXIS 288

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582770

Published

2d 701, 703 (Fla. 1978)). Similarly, section 924.051(3), Florida Statutes (2014), provides that

Robinson v. State

202 So. 3d 453, 2016 Fla. App. LEXIS 15881

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60257241

Published

order is thus not properly before this court. § 924.051(3), Fla. Stat. (appeal may not be taken from order

Kenneth Karlston Newsome v. State of Florida

199 So. 3d 510, 2016 Fla. App. LEXIS 13342, 2016 WL 4607836

District Court of Appeal of Florida | Filed: Sep 6, 2016 | Docket: 4419306

Published

the objection, exception, or motion below.”); § 924.051(l)(b), Fla. Stat. (defining an argument as “preserved”

Sheena Latson v. State of Florida

193 So. 3d 1070, 2016 Fla. App. LEXIS 9430, 2016 WL 3353632

District Court of Appeal of Florida | Filed: Jun 17, 2016 | Docket: 3090199

Published

error. A. Appellate review in criminal cases Section 924.051(2), Florida Statutes, provides that the right

Jessica M. Parisi v. State of Florida

186 So. 3d 610, 2016 Fla. App. LEXIS 3129, 2016 WL 805260

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040735

Published

grounds therefor.’ ” (emphasis added) (quoting § 924,051(l)(b), FÍá. Stat. (2013))). As to her claim

E. H. v. State

170 So. 3d 957, 2015 Fla. App. LEXIS 11895, 2015 WL 4732706

District Court of Appeal of Florida | Filed: Aug 11, 2015 | Docket: 60249548

Published

purposes. Morris, 721 So.2d at 727; see also § 924.051(l)(b), Fla. Stat. (2014) (defining “preserved”)

Gregory Gun v. State of Florida

171 So. 3d 184, 2015 Fla. App. LEXIS 11406, 2015 WL 4557049

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679170

Published

objection is ‘preserved’ within the meaning of [section 924.051(l)(b), Florida Statutes,] if it was timely

Damanta Jamar Murphy v. State of Florida

149 So. 3d 1163

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1421760

Published

Rules of Appellate Procedure. See also § 924.051(4), Fla. Stat. No motion to withdraw the plea

Gonzalez v. State

143 So. 3d 1171, 2014 WL 3930137, 2014 Fla. App. LEXIS 12444

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 932726

Published

State, 894 So.2d 935, 939-40 (Fla.2005). Section 924.051(3) of the Florida Statutes (2013) provides:

Montes-Valeton v. State

141 So. 3d 204, 2014 Fla. App. LEXIS 3615, 2014 WL 950153

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60241817

Published

the relief sought and the grounds therefore.” § 924.051(l)(b), Fla. Stat. (1999). The evidence code also

Rodriguez v. State

120 So. 3d 656, 2013 WL 4779613, 2013 Fla. App. LEXIS 14420

District Court of Appeal of Florida | Filed: Sep 9, 2013 | Docket: 60234188

Published

in order to preserve the issue for appeal. See § 924.051(l)(b), Fla. Stat. (2011) (defining “preserved”

Lebron v. State

127 So. 3d 597, 2012 WL 6601219, 2012 Fla. App. LEXIS 21774

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60236779

Published

State, 64 So.3d 1232, 1242 (Fla.2011) (quoting § 924.051(l)(b), Fla. Stat. (2002) (internal quotations

State v. Newman

104 So. 3d 1180, 2012 Fla. App. LEXIS 20881, 2012 WL 6028838

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60227353

Published

harmfully affected the judgment or sentence.” § 924.051(l)(a), Fla. Stat. (2010). Although there is a

Williams v. State

99 So. 3d 593, 2012 Fla. App. LEXIS 18035, 2012 WL 4900829

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60313111

Published

defendants not under sentence of death.” See § 924.051(9), Fla. Stat. (2008). The record contains no

Perez-Sovias v. State

95 So. 3d 327, 2012 WL 3023170, 2012 Fla. App. LEXIS 11968

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311186

Published

subject to a harmless error review); see also § 924.051(3), Fla. Stat. (2012) (providing that fundamental

Butler v. State

95 So. 3d 294, 2012 WL 2579522, 2012 Fla. App. LEXIS 10715

District Court of Appeal of Florida | Filed: Jul 5, 2012 | Docket: 60311172

Published

collateral review [shall] be strictly enforced.” § 924.051(8), Fla. Stat. (2005) (emphasis added). See also

Jackson v. State

93 So. 3d 395, 2012 WL 2470128, 2012 Fla. App. LEXIS 10583

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310568

Published

raised and ruled on by the trial court.” (citing § 924.051(l)(b), Fla. Stat. (2006), and Philip J. Padovano

Cherisma v. State

86 So. 3d 1195, 2012 WL 1470099, 2012 Fla. App. LEXIS 6649

District Court of Appeal of Florida | Filed: Apr 30, 2012 | Docket: 60307582

Published

the relief sought and the grounds therefore.” § 924.051(l)(b), Fla. Stat. (2005); see also *1197Harrell

Tartarini v. State

84 So. 3d 1185, 2012 WL 1109130, 2012 Fla. App. LEXIS 5165

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60306619

Published

ruling fully aware of appellant’s position. See § 924.051(l)(b), Fla. Stat. (2009) (Preserved “means that

D.J.P. v. State

67 So. 3d 1077, 2011 Fla. App. LEXIS 10740, 2011 WL 2652447

District Court of Appeal of Florida | Filed: Jul 8, 2011 | Docket: 60301927

Published

being reserved. (Emphasis added.) Similarly, section 924.051(4), Florida Statutes (2007), likewise provides:

Garcia v. State

47 So. 3d 905, 2010 Fla. App. LEXIS 16291, 2010 WL 4226457

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2396040

Published

trial court, usually by stating an objection, see § 924.051, Fla. Stat. (2007), or (2) a fundamental error

FRAMES v. State

33 So. 3d 810, 2010 WL 1732990

District Court of Appeal of Florida | Filed: Apr 27, 2010 | Docket: 1453665

Published

Beach, for Appellee. PER CURIAM. AFFIRMED. See § 924.051(4), Fla. Stat. (2009). MONACO, C.J., TORPY and

Thompson v. State

36 So. 3d 723, 2010 Fla. App. LEXIS 4862, 2010 WL 1445187

District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 60294469

Published

collateral review [shall] be strictly enforced.’ § 924.051(8), Fla. Stat. (2005) (emphasis added).”). Although

Woodson v. State

9 So. 3d 716, 2009 Fla. App. LEXIS 3433, 2009 WL 1066286

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1410505

Published

alleged violation at the start of the hearing. See § 924.051(3), Fla. Stat. (2007); Insko v. State, 969 So

Esquivel v. State

995 So. 2d 575, 2008 WL 4568077

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 2561201

Published

have been or were raised on direct appeal, see § 924.051(5), Fla. Stat. (2003); Fla. R.Crim. P. 3.850(c);

State v. Ward

973 So. 2d 597, 2008 WL 161195

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 1688101

Published

901 So.2d 942, 944 (Fla. 2d DCA 2005) (quoting § 924.051(1)(b), Fla. Stat. (2003)). Accordingly, Ward's

Vann v. State

970 So. 2d 878, 2007 WL 4322339

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1694811

Published

Appellate Procedure 9.140(b)(2)(A)(d) and section 924.051(3),[1] Florida Statutes (2004). We affirm the

Longley v. State

944 So. 2d 1248, 2006 WL 3813671

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1649530

Published

process. See Criminal Appeal Reform Act of 1996, § 924.051, Fla. Stat. (2006) (acknowledging limitations

Thompson v. State

944 So. 2d 546, 2006 WL 3780742

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1649929

Published

it is not preserved for appellate review. See § 924.051(3), Fla. Stat. (2004); Fla. R.Crim. P. 3.800(b)

Thompson v. State

944 So. 2d 546, 2006 WL 3780742

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1649929

Published

it is not preserved for appellate review. See § 924.051(3), Fla. Stat. (2004); Fla. R.Crim. P. 3.800(b)

Walsh v. State

942 So. 2d 449, 2006 WL 3372879

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 2550456

Published

to six months probation. Florida Statutes section 924.051(4) states: If a defendant pleads nolo contendere

Burgos v. State

939 So. 2d 219, 2006 Fla. App. LEXIS 16930, 31 Fla. L. Weekly Fed. D 2539

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847177

Published

appeal the denial of his motion to suppress. See § 924.051(4) & —.06(3), Fla. Stat. (2003). Given the testimony

Shuman v. State

939 So. 2d 122, 2006 Fla. App. LEXIS 14743, 2006 WL 2504991

District Court of Appeal of Florida | Filed: Aug 31, 2006 | Docket: 64847140

Published

must expressly reserve the right to appeal. See § 924.051(4) & -.06(3), Fla. Stat. (2003); Fla. R.Crim.

Clark v. State

935 So. 2d 1284, 2006 Fla. App. LEXIS 14249, 2006 WL 2449412

District Court of Appeal of Florida | Filed: Aug 25, 2006 | Docket: 64846190

Published

validity of plea for appellate review). See also § 924.051(4), Fla. Stat. (2004)(explaining that, if a defendant

Valencia v. State

937 So. 2d 1145, 2006 Fla. App. LEXIS 14037, 2006 WL 2422518

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846862

Published

crime, harmless beyond a reasonable doubt. See § 924.051, Fla. Stat. (2005); Knowles v. State, 848 So.2d

Michanowicz v. State

935 So. 2d 556, 2006 Fla. App. LEXIS 10726, 2006 WL 1763638

District Court of Appeal of Florida | Filed: Jun 29, 2006 | Docket: 64846085

Published

PER CURIAM. Affirmed. See § 924.051(4), Fla. Stat. (2003) (“If a defendant pleads nolo conten-dere without

Delgado v. State

911 So. 2d 198, 2005 Fla. App. LEXIS 14826, 2005 WL 2293185

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840430

Published

residence was not preserved for our review. See § 924.051(1)(b), Fla. Stat. (2005); Jones v. State, 883

I.S. v. State

906 So. 2d 352, 2005 Fla. App. LEXIS 10787, 2005 WL 1631117

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 64839550

Published

State v. DiGuilio, 491 So.2d 1129 (Fla.1986); § 924.051, Fla. Stat. (2004).

State v. Shinall

899 So. 2d 1219, 2005 Fla. App. LEXIS 5460, 2005 WL 900597

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64837835

Published

denying restitution under section 775.089. Section 924.051(3), however, provides in part: “An appeal may

McDonald v. State

892 So. 2d 1228, 2005 Fla. App. LEXIS 1447, 2005 WL 350330

District Court of Appeal of Florida | Filed: Feb 15, 2005 | Docket: 64835872

Published

burden of showing that the trial court erred. § 924.051(7), Fla. Stat. (2003); Savage v. State, 156 So

Dunn v. State

887 So. 2d 410, 2004 Fla. App. LEXIS 15587, 2004 WL 2346139

District Court of Appeal of Florida | Filed: Oct 20, 2004 | Docket: 64834271

Published

is not preserved for this court’s review. See § 924.051(4), Fla. Stat. (2003); Fla. R.App. P. 9.140(b)(2)(A)

J.D.G. v. State

884 So. 2d 446, 2004 Fla. App. LEXIS 15314, 2004 WL 2414631

District Court of Appeal of Florida | Filed: Oct 5, 2004 | Docket: 64833545

Published

PER CURIAM. AFFIRMED. See § 924.051(4), Fla. Stat. (2003). SAWAYA, C.J., PALMER and MONACO, JJ., concur

Thompson v. State

874 So. 2d 1270, 2004 Fla. App. LEXIS 8314, 2004 WL 1283784

District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 64831036

Published

concur. . §§ 810.02; 812.014(1), Fla. Stat . § 924.051, Fla. Stat. . Henderson v. State, 853 So.2d

Hayes v. State

872 So. 2d 1015, 2004 Fla. App. LEXIS 6991, 2004 WL 1103589

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 64830519

Published

Joiner v. State, 618 So.2d 174, 176 (Fla.1993); § 924.051(3), Fla. Stat. (2002). STONE, STEVENSON and HAZOURI

Hayes v. State

872 So. 2d 1015, 2004 Fla. App. LEXIS 6991, 2004 WL 1103589

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 64830519

Published

Joiner v. State, 618 So.2d 174, 176 (Fla.1993); § 924.051(3), Fla. Stat. (2002). STONE, STEVENSON and HAZOURI

Kiely v. State

884 So. 2d 95, 2004 Fla. App. LEXIS 5252, 2004 WL 813290

District Court of Appeal of Florida | Filed: Apr 16, 2004 | Docket: 64833427

Published

Florida Rule of Criminal Procedure 3.800(b). See § 924.051, Fla. Stat. (1997); Fla. R.App. P. 9.140(b)(2)(A)(ii)(d);

Stewart v. State

861 So. 2d 110, 2003 Fla. App. LEXIS 19550, 2003 WL 23008500

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64826965

Published

properly preserved for appellate review. See § 924.051, Fla. Stat. (2002). Second, assuming for purposes

Morgan v. State

840 So. 2d 1151, 2003 WL 1566549

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 1748263

Published

illegal sentence may be raised at any time.[1] § 924.051(6)(c); Moore v. State, 768 So.2d 1140 (Fla. 1st

Miller v. State

835 So. 2d 1185, 2002 Fla. App. LEXIS 19228, 2002 WL 31875022

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 64820158

Published

may not appeal the judgment on this ground. See § 924.051(4), Fla. Stat. (2001); Fla. R.App. P. 9.140(b)(2)(A)(I);

Harrell v. State

826 So. 2d 1059, 2002 Fla. App. LEXIS 13996, 2002 WL 31126654

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 64817740

Published

the denial of the motion to withdraw as welh Section 924.051(3), Florida Statutes (2000) provides that “[a]n

State v. Taylor

826 So. 2d 399, 2002 Fla. App. LEXIS 10322

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 64817624

Published

Comuz states, the Criminal Appeal Reform Act, § 924.051(l)(b), Fla. Stat. (2002), forbids consideration

E.M. v. State

820 So. 2d 1069, 2002 Fla. App. LEXIS 9707, 2002 WL 1477881

District Court of Appeal of Florida | Filed: Jul 11, 2002 | Docket: 64816335

Published

689 So.2d 1283 (Fla. 1st DCA 1997); see also § 924.051(l)(b), Fla. Stat. (2001) (requiring *1070the issue

Henry v. State

825 So. 2d 431, 2002 WL 1378625

District Court of Appeal of Florida | Filed: Jun 27, 2002 | Docket: 2552785

Published

issue has not been preserved for *433 appeal. See § 924.051, Fla. Stat. (2000); Terry v. State, 668 So.2d

Johnson v. State

817 So. 2d 1022, 2002 Fla. App. LEXIS 8067, 2002 WL 1400109

District Court of Appeal of Florida | Filed: Jun 4, 2002 | Docket: 64815528

Published

CURIAM. AFFIRMED. See Fla. R.Crim. P. 3.850(c); § 924.051(5), Fla. Stat. SHARP, W., HARRIS and SAWAYA, JJ

D.M.W. v. State

823 So. 2d 139, 2002 Fla. App. LEXIS 6396, 2002 WL 940188

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 64816757

Published

prescribed by section 924.051 and the Florida Rules of Appellate Procedure.” Section 924.051 of the Florida

I.B. v. State

816 So. 2d 230, 2002 Fla. App. LEXIS 7200

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 64815080

Published

Preservation of Error In Juvenile Cases Pursuant to section 924.051, Florida Statutes (2001), in order to preserve

Washington v. State

814 So. 2d 1187, 2002 Fla. App. LEXIS 5163

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 64814676

Published

Appeal Reform Act truly mandate this result? Section 924.051(3) provides: An appeal may not be taken from

J.J.T. v. State

810 So. 2d 548, 2002 Fla. App. LEXIS 1740

District Court of Appeal of Florida | Filed: Feb 19, 2002 | Docket: 64813205

Published

preserve this issue for appeal as required by section 924.051, Florida Statutes (1999), we affirm. J.J.T

Ireland v. State

806 So. 2d 600, 2002 Fla. App. LEXIS 1366, 2002 WL 331695

District Court of Appeal of Florida | Filed: Feb 5, 2002 | Docket: 64812235

Published

PER CURIAM. AFFIRMED. See § 924.051(7), Fla. Stat. (2001). GRIFFIN, SAWAYA and ORFINGER, R. B., JJ.

Sims v. State

805 So. 2d 44, 2001 Fla. App. LEXIS 17826, 2001 WL 1613802

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 64811748

Published

threshold matter, the state argues that under section 924.051(4), Florida Statutes (1999)1 and rule 9.140(b)(2)(A)

J.S. v. State

805 So. 2d 37, 2001 Fla. App. LEXIS 17193

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 64811744

Published

prescribed by section 924.051 and the Florida Rules of Appellate Procedure.” Section 924.051 of the Florida

Boyd v. State

801 So. 2d 116, 2001 Fla. App. LEXIS 15080, 2001 WL 1267457

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 64810557

Published

would conclude that' the deadline set forth in section 924.051(6) is a statute of limitations on such relief

Bryant v. State

793 So. 2d 906, 2001 WL 950252

Supreme Court of Florida | Filed: Aug 23, 2001 | Docket: 1677927

Published

the window period between the enactment of section 924.051(3), Florida Statutes (Supp.1996), part of the

G.W. v. State

790 So. 2d 1134, 2001 Fla. App. LEXIS 9020, 2001 WL 725998

District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 64807240

Published

preserved, would constitute fundamental error.” § 924.051(3), Fla. Stat. (1999). In light of the dearth

Janson v. State

785 So. 2d 731, 2001 Fla. App. LEXIS 7393, 2001 WL 557625

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 64805513

Published

direct appeal. See Fla. R.Crim. P. 3.850(c); § 924.051(5), Fla. Stat. We agree. We note that this same

State v. Crume

780 So. 2d 341, 2001 Fla. App. LEXIS 4111, 2001 WL 303307

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 64804366

Published

oral reasons given by the trial judge. Under section 924.051, an appeal may not be taken unless prejudicial

Clinton v. State

780 So. 2d 960, 2001 Fla. App. LEXIS 2352, 2001 WL 201530

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 64804414

Published

degree felony. . Fla. R.App. P. 9.140(b)(2); § 924.051(4), Fla. Slat. (2000). See also, Amendments to

Peterson v. State

775 So. 2d 376, 2000 WL 1727008

District Court of Appeal of Florida | Filed: Jan 24, 2001 | Docket: 1667880

Published

661, 663 (Fla.2000), the issue was whether section 924.051 (Supp.1996), part of the Criminal Appeal Reform

Anderson v. State

773 So. 2d 1290, 2001 Fla. App. LEXIS 65, 2001 WL 9835

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 64802623

Published

reserved for appellate review pursuant to section 924.051(4), Florida Statutes (1999); (2) an issue concerning

Davis v. State

774 So. 2d 862, 2000 Fla. App. LEXIS 16923, 2000 WL 1873980

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 64802780

Published

failed to preserve this issue for appeal. See § 924.051(3), Fla.Stat. (2000); Filan v.. State, 768 So

R.W. v. State

774 So. 2d 741, 2000 Fla. App. LEXIS 14773, 2000 WL 1651586

District Court of Appeal of Florida | Filed: Nov 6, 2000 | Docket: 64802736

Published

time of Appellant’s January 1998 sentencing, section 924.051, Florida Statutes, did not apply in juvenile

State v. Woods

769 So. 2d 1133, 2000 Fla. App. LEXIS 13524, 2000 WL 1531929

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 64801238

Published

PER CURIAM. Affirmed. § 924.051(1)(b), Fla. Stat. (1999).

R.W. v. State

767 So. 2d 1279, 2000 Fla. App. LEXIS 12367, 2000 WL 1421438

District Court of Appeal of Florida | Filed: Sep 28, 2000 | Docket: 64800658

Published

issue was not preserved for review. However, section 924.051, Florida Statutes, does not apply in juvenile

Jeffries v. State

770 So. 2d 1157, 25 Fla. L. Weekly Supp. 707, 2000 Fla. LEXIS 1888, 2000 WL 1353558

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64801605

Published

countered that Jeffries failed to comply with section 924.051, created by the Criminal Appeal Reform Act

Hutchinson v. State

770 So. 2d 1156, 25 Fla. L. Weekly Supp. 707, 2000 Fla. LEXIS 1890, 2000 WL 1354131

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64801604

Published

3(b)(3), Fla. Const. We recently held that section 924.051, Florida Statutes (Supp.1996), applies to juveniles

K.O. v. State

765 So. 2d 901, 2000 Fla. App. LEXIS 10924

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799906

Published

preserve the issue. The criminal appeal statute, section 924.051, does not apply to juvenile proceedings. See

K.O. v. State

765 So. 2d 901, 2000 Fla. App. LEXIS 10924

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799906

Published

preserve the issue. The criminal appeal statute, section 924.051, does not apply to juvenile proceedings. See

Taylor v. State

763 So. 2d 317, 25 Fla. L. Weekly Supp. 595, 2000 Fla. LEXIS 1423, 2000 WL 963897

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 64798994

Published

window period between the effective date of section 924.051, Florida Statutes (Supp. 1996), and our recent

Modeste v. State

760 So. 2d 1078, 2000 Fla. App. LEXIS 7805, 2000 WL 799370

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 64798142

Published

impeachment evidence contributed to the verdict. § 924.051(7), Fla. Stat.; Jackson v. State, 707 So.2d 412

State v. Dodson

760 So. 2d 145, 25 Fla. L. Weekly Supp. 484, 2000 Fla. LEXIS 1219, 2000 WL 766484

Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 64797901

Published

*146PRESENTED TO THE TRIAL COURT, IN LIGHT OF SECTION 924.051(3), FLORIDA STATUTES (SUPP.1996), AND AMENDED

State v. Mike

760 So. 2d 145, 25 Fla. L. Weekly Supp. 483, 2000 Fla. LEXIS 1222, 2000 WL 766485

Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 64797900

Published

PRESENTED TO THE TRIAL COURT, IN LIGHT OF SECTION 924.051(3), FLORIDA STATUTES (SUPP.1996), AND AMENDED

Smith v. State

762 So. 2d 969, 2000 WL 690179

District Court of Appeal of Florida | Filed: May 31, 2000 | Docket: 1311403

Published

and that the State of Florida could not by section 924.051(7) transfer to him the burden of showing that

Avila v. State

762 So. 2d 934, 2000 Fla. App. LEXIS 5491, 2000 WL 561714

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64798818

Published

test for determining harmless error under section 924.051(3), Florida Statutes). Accordingly, we reverse

Hall v. State

760 So. 2d 972, 2000 Fla. App. LEXIS 5012, 2000 WL 502476

District Court of Appeal of Florida | Filed: Apr 28, 2000 | Docket: 64798096

Published

the total points reflected on his scoresheet. § 924.051, Fla. Stat. (1997); e.g. Medina v. State, 732

Kent v. State

755 So. 2d 805, 2000 Fla. App. LEXIS 4491, 2000 WL 380238

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 64796788

Published

made on appeal was not made in the trial court. § 924.051(l)(b) & (3), Fla. Stat. (1999). See Terry v. State

Shearer v. State

754 So. 2d 192, 2000 Fla. App. LEXIS 4488, 2000 WL 380214

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 64796164

Published

conviction and sentence and remand for a new trial. § 924.051(3), Florida Statutes (1997). In its amended information

Griffin v. State

760 So. 2d 205, 2000 Fla. App. LEXIS 4413, 2000 WL 378232

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64797919

Published

issue was preserved or existed. Citing to section 924.051(7), Florida Statutes (1999), part of the Criminal

Jones v. State

754 So. 2d 792, 2000 Fla. App. LEXIS 3457, 2000 WL 296657

District Court of Appeal of Florida | Filed: Mar 23, 2000 | Docket: 64796309

Published

(Fla. 1st DCA 1998), this court, pursuant to section 924.051(7), Florida Statutes (1997), affirmed appellant’s

Jones v. State

754 So. 2d 792, 2000 Fla. App. LEXIS 3457, 2000 WL 296657

District Court of Appeal of Florida | Filed: Mar 23, 2000 | Docket: 64796309

Published

(Fla. 1st DCA 1998), this court, pursuant to section 924.051(7), Florida Statutes (1997), affirmed appellant’s

Jackson v. State

752 So. 2d 1261, 2000 Fla. App. LEXIS 2711, 2000 WL 275240

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 64795745

Published

error, and is thus not cognizable on appeal. See § 924.051, Florida Statutes (Supp.1996). Jackson’s robbery

Franklin v. State

752 So. 2d 1254, 2000 Fla. App. LEXIS 2611, 2000 WL 256064

District Court of Appeal of Florida | Filed: Mar 9, 2000 | Docket: 64795730

Published

requested and obtained a ruling on the objection. § 924.051(1)(b) & (3), Fla. Stat. (1997). To the extent

Persaud v. State

755 So. 2d 150, 2000 Fla. App. LEXIS 1984, 2000 WL 232622

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64796580

Published

raised before, and ruled on by, the trial court.” § 924.051(l)(b), Fla. Stat. (1999). As it applies to this

Hugh v. State

751 So. 2d 718, 2000 Fla. App. LEXIS 1468, 2000 WL 192183

District Court of Appeal of Florida | Filed: Feb 18, 2000 | Docket: 64795207

Published

State, 730 So.2d 354 (Fla. 5th DCA 1999); and Section 924.051, Fla. Stat. (1999). AFFIRMED. ANTOON, C.J.

Goodwin v. State

752 So. 2d 689, 2000 Fla. App. LEXIS 1141, 2000 WL 145126

District Court of Appeal of Florida | Filed: Feb 11, 2000 | Docket: 64795573

Published

intermittent sentence preceded the effective date of section 924.051, Florida Statutes (1997). Subsection (3) of

Curry v. State

748 So. 2d 1107, 2000 Fla. App. LEXIS 789, 2000 WL 94127

District Court of Appeal of Florida | Filed: Jan 31, 2000 | Docket: 64794046

Published

PER CURIAM. DISMISSED. Section 924.051(3) & (4), Fla. Stat. (1997); Robinson v. State, 373 So.2d 898

Williams v. State

749 So. 2d 587, 2000 Fla. App. LEXIS 722, 2000 WL 85268

District Court of Appeal of Florida | Filed: Jan 28, 2000 | Docket: 64794222

Published

(Fla. 5th DCA 1998), this court held that section 924.051(7) must be read in conjunction with section

Jackson v. State

750 So. 2d 729, 2000 Fla. App. LEXIS 482, 2000 WL 60234

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 64794746

Published

v. DiGuilio, 491 So.2d 1129, 1135(Fla.1986); § 924.051, Fla. Stat. (1997).

Drymala v. State

747 So. 2d 466, 1999 Fla. App. LEXIS 17608, 1999 WL 1267232

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 64793314

Published

PER CURIAM. AFFIRMED. See § 924.051(7), Fla. Stat. See also Jackson v. State, 707 So.2d 412 (Fla. 5th

Hundhausen v. State

747 So. 2d 464, 1999 Fla. App. LEXIS 17273, 1999 WL 1259012

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 64793310

Published

legally dis-positive issue as required by section 924.051(4), Florida Statutes (1997). See Benelhocine

Jacobs v. State

746 So. 2d 1206, 1999 Fla. App. LEXIS 16847, 1999 WL 1191462

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 64792970

Published

appeal was not preserved in the trial court. § 924.051(3), Fla. Stat. (1997); Fla. R.Crim. P. 9.140(d)

Byrd v. State

746 So. 2d 557, 1999 Fla. App. LEXIS 16714, 1999 WL 1136675

District Court of Appeal of Florida | Filed: Dec 14, 1999 | Docket: 64792847

Published

does not involve “fundamental error,” we affirm. § 924.051(3), Fla. Stat. (1997). AFFIRMED. ALLEN, WEBSTER

Edmondson v. State

745 So. 2d 533, 1999 Fla. App. LEXIS 16473, 1999 WL 1112315

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64792485

Published

So.2d 1193 (Fla.1995). Accordingly, we affirm. § 924.051(3), Fla. Stat. (1997); Butler v. State, 723 So

Amendments to Florida Rules of Criminal Procedure 3.670 & 3.700(b)

760 So. 2d 67, 24 Fla. L. Weekly Supp. 527, 1999 Fla. LEXIS 1988, 1999 WL 1029286

Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 64797895

Published

fundamental error.” 696 So.2d at 1105; see also § 924.051(3), Fla. Stat. (Supp.1996). In response to that

Thompson v. State

745 So. 2d 444, 1999 Fla. App. LEXIS 14766, 1999 WL 1004648

District Court of Appeal of Florida | Filed: Nov 8, 1999 | Docket: 64792429

Published

preserved, would constitute fundamental error.” § 924.051(3), Fla. Stat. (1997). “ ‘Preserved’ means that

Loret de Mola v. Singletary

742 So. 2d 865, 1999 Fla. App. LEXIS 14607, 1999 WL 992987

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 64791520

Published

pleas entered in the four additional cases. Section 924.051(4), Florida Statutes (1997), provides that

McCellan v. State

768 So. 2d 1098, 1999 Fla. App. LEXIS 14523, 1999 WL 982962

District Court of Appeal of Florida | Filed: Nov 1, 1999 | Docket: 64800852

Published

issue was not preserved for appellate review. § 924.051, Fla. Stat. (1997); Green v. State, 711 So.2d

Ferris v. State

743 So. 2d 1187, 1999 Fla. App. LEXIS 14232, 1999 WL 974153

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64791932

Published

Even if it were error, it was harmless. See § 924.051(7). Appellant has failed to show any resulting

Gloss v. State

739 So. 2d 729, 1999 Fla. App. LEXIS 12108, 1999 WL 729090

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 64790326

Published

properly preserved for appellate review. See § 924.051(3), Fla.Stat. (1997). Accordingly, we affirm Mr

Spencer v. State

739 So. 2d 1247, 1999 Fla. App. LEXIS 11037, 1999 WL 618188

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 64790510

Published

preserved, would constitute fundamental error.” § 924.051(3), Fla. Stat. (1997). It is undisputed that Spencer

Sapp v. State

766 So. 2d 226, 1999 Fla. App. LEXIS 10445, 1999 WL 560521

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 64800114

Published

granted, 760 So.2d 947 (Fla.1999), we affirm. See § 924.051(3), Fla. Stat. (1997). Nevertheless, in accordance

Sykes v. State

739 So. 2d 641, 1999 Fla. App. LEXIS 9543, 1999 WL 503472

District Court of Appeal of Florida | Filed: Jul 19, 1999 | Docket: 64790282

Published

satisfies the prejudicial error threshold of section 924.051(7), Florida Statutes, the appellant’s convictions

Morris v. State

734 So. 2d 1205, 1999 Fla. App. LEXIS 9079, 1999 WL 454471

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 64788769

Published

appellate review and we have no jurisdiction. See § 924.051(4), Fla. Stat. (Supp.1996); Fla.R.App.P. 9.140(b)(2)(A)

Conner v. State

734 So. 2d 1191, 1999 Fla. App. LEXIS 8927, 1999 WL 445801

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 64788754

Published

not been preserved for appellate review. See § 924.051, Fla. Stat. (Supp.1996). AFFIRMED. ANTOON, C.J

State v. Vesquez

755 So. 2d 674, 1999 Fla. App. LEXIS 8694, 1999 WL 436799

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64796724

Published

See §§ 924.02, 924.05, Fla. Stat. (1997). Section 924.051(3), Florida Statutes (1997), which is applicable

Horn v. State

736 So. 2d 728, 1999 Fla. App. LEXIS 7856, 1999 WL 391497

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64789220

Published

1996 effective date of rule 9.140(d) and section 924.051. Prior to July 1, 1996, a sentencing error

Garnicki v. State

733 So. 2d 595, 1999 Fla. App. LEXIS 7566, 1999 WL 371255

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 64788411

Published

PER CURIAM. Affirmed. See § 924.051(7), Fla. Stat. (1997); Hallberg v. State, 649 So.2d 1355 (Fla.1994);

Fleshman v. State

736 So. 2d 1219, 1999 Fla. App. LEXIS 7459, 1999 WL 355929

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 64789372

Published

preserved for appeal by timely objection. See § 924.051(3), Fla. Stat. (1997).

Yates v. State

738 So. 2d 964, 1999 Fla. App. LEXIS 9594, 1999 WL 538116

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 64789937

Published

on the Criminal Appeal Reform Act of 1996, section 924.051, Florida Statutes (Supp.1996), we dismiss the

Newsome v. State

735 So. 2d 546, 1999 Fla. App. LEXIS 6813, 1999 WL 333151

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 64788871

Published

hearsay statement is similarly prejudicial. See § 924.051(3), Fla. Stat. (1997) (judgment may be reversed

Benson v. State

730 So. 2d 841, 1999 Fla. App. LEXIS 4892, 1999 WL 218173

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64787675

Published

witnesses on the ground of incompetency. See § 924.051(3), Fla. Stat. (1997). Mr. Benson also maintains

Hudson v. State

728 So. 2d 1224, 1999 Fla. App. LEXIS 4251, 1999 WL 183530

District Court of Appeal of Florida | Filed: Apr 6, 1999 | Docket: 64787059

Published

to fundamental error. Accordingly, we affirm. § 924.051(3), Fla. Stat. (1997). See, e.g., Seccia v. State

Wingate v. State

729 So. 2d 492, 1999 Fla. App. LEXIS 3839, 1999 WL 162953

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64787172

Published

particularly in light of the enactment of section 924.051, Florida Statutes (Supp.1996). See McKinney

Fayne v. State

740 So. 2d 31, 1999 Fla. App. LEXIS 3835, 1999 WL 163001

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64790558

Published

the effective date of amendments found in section 924.051, Florida Statutes. This failure by Fayne is

Tessier v. State

730 So. 2d 761, 1999 Fla. App. LEXIS 3322, 1999 WL 147375

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 64787640

Published

error for appeal. See Fla. R.App. P. 9.140(d); § 924.051(3), Fla. Stat. (1997); Maddox v, State, 708 So

Jordan v. State

728 So. 2d 748, 1998 WL 621355

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 53300

Published

which would constitute fundamental error. See § 924.051, Fla. Stat. (Supp.1996); Pryor v. State, 704 So

Corvea v. State

728 So. 2d 338, 1999 Fla. App. LEXIS 2568, 1999 WL 124077

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786815

Published

were not preserved for appellate review, see § 924.051, Fla. Stat. (1997); Jordan v. State, 23 Fla. L

Galindez v. State

728 So. 2d 333, 1999 Fla. App. LEXIS 2551

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786807

Published

PER CURIAM. Affirmed. See § 924.051(7), Fla. Stat. (Supp.1996).

Evans v. State

728 So. 2d 802, 1999 Fla. App. LEXIS 2212, 1999 WL 104449

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 64786923

Published

appeal because he failed to raise it below. See § 924.051, Fla. Stat. (Supp.1996). We conclude that Evans

Picoriello v. State

727 So. 2d 339, 1999 Fla. App. LEXIS 3343, 1999 WL 72074

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 64786494

Published

Appellant has the burden on appeal, pursuant to section 924.051(7), Florida Statutes, of demonstrating that

Velez v. State

725 So. 2d 1280, 1999 Fla. App. LEXIS 1467, 1999 WL 71604

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 64786075

Published

See Fla. R.App. P. 9.140(b)(2)(B) and 9.140(d); § 924.051(4), Fla. Stat. (1997). See also Hyden v. State

Brown v. State

727 So. 2d 337, 1999 Fla. App. LEXIS 1473, 1999 WL 71964

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 64786493

Published

not raise this issue in the trial court. See § 924.051(l)(b) and (3), Fla. Stat. (1997); and Harriel

Bradshaw v. State

727 So. 2d 1014, 1999 Fla. App. LEXIS 1378, 1999 WL 77734

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 64786626

Published

is fundamental error within the meaning of section 924.051(3), Florida Statutes (Supp.1996) [the Criminal

Jervis v. State

727 So. 2d 981, 1999 Fla. App. LEXIS 478, 1999 WL 22263

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64786612

Published

not think this issue was preserved for appeal. § 924.051(3)(l)(b), Fla. Stat. (1997); McQuirk v. State

James v. State

724 So. 2d 695, 1999 Fla. App. LEXIS 493, 1999 WL 22434

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785597

Published

excluded testimony was cumulative, at best. See § 924.051(7), Fla. Stat. (1997) (judgment may not be reversed

T.G. v. State

741 So. 2d 517, 1999 Fla. App. LEXIS 293, 1999 WL 13343

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 64791050

Published

which held that section 924.051(4) does not apply to juvenile appeals. Section 924.051(4) and section

Tanner v. State

724 So. 2d 643, 1999 WL 4942

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1410231

Published

Procedure 9.140 was amended to be consistent with section 924.051(3) and (4), Florida Statutes. Subsection (d)

State v. Franklin

723 So. 2d 376, 1998 Fla. App. LEXIS 16441, 1998 WL 904059

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 64785128

Published

PER CURIAM. Affirmed. See § 924.051(3), Fla. Stat. (1997); Jackson v. State, 451 So.2d 458 (Fla.1984);

Bolton v. State

721 So. 2d 1264, 1998 Fla. App. LEXIS 16026, 1998 WL 890135

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 64784837

Published

PER CURIAM. AFFIRMED. See § 924.051(4), Fla. Stat. (Supp.1996). W. SHARP, PETERSON and ANTOON, JJ.,

Auger v. State

725 So. 2d 1178, 1998 Fla. App. LEXIS 15898, 1998 WL 879103

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64786032

Published

we conclude that the error was harmless. See § 924.051(7), Fla. Stat. (1997); State v. DiGuilio, 491

Brown v. State

721 So. 2d 814, 1998 Fla. App. LEXIS 15878, 1998 WL 876963

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 64784658

Published

DiGuilio, 491 So.2d 1129 (Fla.1986), rather than section 924.051, Florida Statutes (1997). Under DiGui-lio the

Allen v. State

722 So. 2d 926, 1998 Fla. App. LEXIS 15607, 1998 WL 852658

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 64784996

Published

attention of the trial court, as required by section 924.051(3), Florida Statutes (Supp.1996). We affirm

Allen v. State

763 So. 2d 372, 1998 Fla. App. LEXIS 15540, 1998 WL 879012

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64799011

Published

error. See § 924.051(7), Fla. Stat. (1997). Prejudicial error is defined in section 924.051(l)(a) as “an

Jenkins v. State

719 So. 2d 1012, 1998 Fla. App. LEXIS 13885, 1998 WL 765382

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64783853

Published

646 So.2d 754 (Fla. 2d DCA 1994). However, Section 924.051(7), Florida Statutes (1997), places the burden

State v. L.R.J.

720 So. 2d 212, 23 Fla. L. Weekly Supp. 543, 1998 Fla. LEXIS 1906, 1998 WL 716908

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 64784066

Published

certified the following two questions: 1. Does section 924.051(4), Florida Statutes (Supp.1996), apply in

State v. P.A.

720 So. 2d 210, 23 Fla. L. Weekly Supp. 543, 1998 Fla. LEXIS 1908, 1998 WL 716884

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 64784064

Published

certified the following two questions: 1. DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

State v. J.D.B.

720 So. 2d 211, 23 Fla. L. Weekly Supp. 543, 1998 Fla. LEXIS 1910, 1998 WL 716666

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 64784065

Published

certified the following two questions: 1. DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

Rouse v. State

720 So. 2d 584, 1998 Fla. App. LEXIS 12846, 1998 WL 712807

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64784222

Published

This court has jurisdiction of the appeal. See § 924.051(3), Fla. Stat. (1997); Fla.R.App.P. 9.140(d)(2)

West v. State

718 So. 2d 908, 1998 WL 646568

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 277213

Published

not constitute fundamental error. We agree. See § 924.051(3), Fla. Stat. (1997). The scrivener's error might

Dopson v. State

719 So. 2d 37, 1998 Fla. App. LEXIS 11820, 1998 WL 636792

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 64783492

Published

Fla. Slat. (1995). . § 90.410, Fla. Slat. . § 924.051(7), Fla. Slat.

Cuesta v. State

721 So. 2d 320, 1998 Fla. App. LEXIS 11394, 1998 WL 568047

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64784511

Published

for review pursuant to the requirements of section 924.051(3), Florida Statutes (Supp.1996). Affirmed

T.G. v. State

717 So. 2d 128, 1998 Fla. App. LEXIS 11502

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64782641

Published

1998). In T.M.B., the supreme court held that section 924.051, Florida Statutes (1997), is inapplicable to

A. F. v. State

718 So. 2d 260, 1998 Fla. App. LEXIS 11301

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64783171

Published

past the state’s argument has been based on section 924.051, Florida Statutes (Supp.1996), which is part

Golz v. State

722 So. 2d 210, 1998 Fla. App. LEXIS 11015, 1998 WL 543316

District Court of Appeal of Florida | Filed: Aug 28, 1998 | Docket: 64784893

Published

see no logical reason to reach this result. Cf § 924.051, Fla. Stat. (1997). In cases involving illegal

Torres v. State

715 So. 2d 1151, 1998 Fla. App. LEXIS 10833, 1998 WL 537018

District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 64782188

Published

preserve this issue for appellate review. See § 924.051(3), Fla. Stat. (1997); Speights v. State, 711

Hillengas v. State

715 So. 2d 1143, 1998 Fla. App. LEXIS 10502, 1998 WL 518737

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 64782176

Published

PER CURIAM. AFFIRMED. See § 924.051, Fla. Stat. (Supp.1996). GOSHORN, PETERSON and ANTOON, JJ., concur

Benelhocine v. State

717 So. 2d 103, 1998 Fla. App. LEXIS 10442, 1998 WL 484043

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 64782616

Published

the United States “permanently.” Pursuant to section 924.051(4), Florida Statutes (Supp.1996): “If a defendant

Foulds v. State

716 So. 2d 324, 1998 Fla. App. LEXIS 10383, 1998 WL 472574

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782372

Published

error was properly preserved as required by section 924.051, Florida Statutes (Supp.1996). Foulds’ total

Fortner v. State

716 So. 2d 326, 1998 Fla. App. LEXIS 10358, 1998 WL 472611

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782374

Published

review the denial of his motion to suppress. See § 924.051(3), Fla. Stat. (Supp. 1996). We find, however

Schwarz v. State

717 So. 2d 567, 1998 Fla. App. LEXIS 9546, 1998 WL 422661

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 64782791

Published

AFFIRMED. DELL and GROSS, JJ., concur. . See now § 924.051(l)(a), (7), Fla. Stat. (1997); and Goodwin v.

Laboo v. State

715 So. 2d 1034, 1998 Fla. App. LEXIS 9479, 1998 WL 427077

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 64782138

Published

is fundamental error within the meaning of section 924.051(3), and may therefore be raised for the first

Alonso v. Singletary

712 So. 2d 845, 1998 Fla. App. LEXIS 8568, 1998 WL 390634

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 64781445

Published

PER CURIAM. Affirmed. See § 924.051(4), Fla. Stat. (1997), Fla. R.App. P. 9.140(b); Robinson v. State

J.P.C. v. State

712 So. 2d 1229, 1998 Fla. App. LEXIS 7568

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 64781604

Published

appeals, the state relies upon recently enacted section 924.051, Florida Statutes (Supp.1996), for the proposition

Hicks v. State

711 So. 2d 1366, 1998 Fla. App. LEXIS 7166, 1998 WL 314736

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781255

Published

appellate review and we do not consider it. See § 924.051, Fla. Stat. (1997).3 As the State concedes that

J.S. v. State

711 So. 2d 1354, 1998 Fla. App. LEXIS 7171, 1998 WL 315085

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781248

Published

the question whether the 1996 enactment of section 924.051, Florida Statutes, has undercut Henriquez.

Smith v. State

710 So. 2d 753, 1998 Fla. App. LEXIS 5941, 1998 WL 263833

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64780883

Published

Steinhorst v. State, 412 So.2d 332, 338 (Fla.1982); § 924.051(l)(b), Fla. Stat. (1997); Fla.R.Crim.P. 3.320

Boykin v. State

715 So. 2d 957, 1998 Fla. App. LEXIS 5877, 1998 WL 394980

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64782122

Published

eighteen points for possession of a firearm. See § 924.051, Fla. Stat. (Supp. 1996). Moreover, we find no

Ashley v. State

709 So. 2d 658, 1998 Fla. App. LEXIS 5725, 1998 WL 256742

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 64780282

Published

Maselli v. State, 446 So.2d 1079 (Fla.1984); § 924.051(3), Fla. Stat. (1997). W. SHARP, PETERSON and

Lampkin v. State

711 So. 2d 181, 1998 Fla. App. LEXIS 5267, 1998 WL 236270

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64781068

Published

not preserved and is procedurally barred. See § 924.051(3), Fla. Stat. (1997). While appellant claims

Johnson v. State

709 So. 2d 203, 1998 Fla. App. LEXIS 5292, 1998 WL 236221

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64780169

Published

R.App. P. 9.140(d); Fla. R.Crim. P. 3.800(b); § 924.051(3), Fla. Stat. (Supp.1996); Harriel v. State,

Matthews v. State

714 So. 2d 469, 1998 Fla. App. LEXIS 4749, 1998 WL 204666

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 64781843

Published

and therefore affirm as to that issue. See section 924.051(3), Fla. Stat.; Fla. R.Crim. P. 3.800(b). As

Groves v. State

708 So. 2d 696, 1998 Fla. App. LEXIS 4756, 1998 WL 204851

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 64779987

Published

State, 699 So.2d 346 (Fla. 5th DCA 1997); Section 924.051(3), Florida Statutes (1997). *697MICKLE and

Jackson v. State

707 So. 2d 1211, 1998 Fla. App. LEXIS 4220, 1998 WL 176641

District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 64779830

Published

(procedural bars to be strictly construed under section 924.051(9), Florida Statutes); Bradley v. State, 703

State v. B.D.W.

717 So. 2d 460, 23 Fla. L. Weekly Supp. 216, 1998 Fla. LEXIS 610, 1998 WL 161895

Supreme Court of Florida | Filed: Apr 9, 1998 | Docket: 64782775

Published

v. T.M.B., 716 So.2d 269 (Fla.1998): DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

Chambers v. State

708 So. 2d 664, 1998 Fla. App. LEXIS 3620, 1998 WL 158775

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64779952

Published

was harmless, rather than the provisions of section 924.051(7), Florida Statutes (1997), under which the

State v. T.M.B.

716 So. 2d 269, 23 Fla. L. Weekly Supp. 180, 1998 Fla. LEXIS 603

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64782357

Published

court certified the following question: DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

State v. T.M.B.

716 So. 2d 269, 23 Fla. L. Weekly Supp. 180, 1998 Fla. LEXIS 603

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64782357

Published

court certified the following question: DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

State v. A.L.W.

717 So. 2d 912

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64782889

Published

v. T.M.B., 716 So.2d 269 (Fla.1998): DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

State v. M.J.P.

717 So. 2d 459, 23 Fla. L. Weekly Supp. 192, 1998 Fla. LEXIS 600, 1998 WL 154195

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64782774

Published

v. T.M.B., 716 So.2d 269 (Fla.1998): DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN

Waldowski v. State

708 So. 2d 1015, 1998 Fla. App. LEXIS 3176, 1998 WL 144988

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64780034

Published

court “harmfully affected the judgment.” See § 924.051(l)(a) and (7), Fla. Stat. (1997) (defendant has

O'Neal v. State

707 So. 2d 1190, 1998 Fla. App. LEXIS 3202, 1998 WL 144885

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64779795

Published

here by the Criminal Appeal Reform Act of 1996. § 924.051(3), Fla. Stat. (Supp. 1996) (“A judgment or sentence

Palmer v. State

707 So. 2d 423, 1998 Fla. App. LEXIS 3128, 1998 WL 142836

District Court of Appeal of Florida | Filed: Mar 31, 1998 | Docket: 64779640

Published

error, it cannot be addressed by this court. See § 924.051(l)(b) & (3), Fla. Stat. (Supp. 1996). AFFIRMED

J.D.B. v. State

720 So. 2d 255, 1998 Fla. App. LEXIS 2861

District Court of Appeal of Florida | Filed: Mar 24, 1998 | Docket: 64784076

Published

(Fla. 2d DCA 1998). The State argues that section 924.051(4), Florida Statutes (Supp.1996), requires

JDB v. State

720 So. 2d 255, 1998 WL 130029

District Court of Appeal of Florida | Filed: Mar 24, 1998 | Docket: 1718932

Published

(Fla. 2d DCA 1998). The State argues that section 924.051(4), Florida Statutes (Supp.1996), requires

Harris v. State

742 So. 2d 274, 1998 Fla. App. LEXIS 2280, 1998 WL 101714

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 64791339

Published

PER CURIAM. AFFIRMED. § 924.051, Fla. Stat.; Rule 3.800(b), Fla. R.Crim. P. BOOTH, JOANOS and VAN NORTWICK

Baker v. State

706 So. 2d 412, 1998 Fla. App. LEXIS 2189, 1998 WL 94938

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779138

Published

Baker v. State, 705 So.2d 76 (Fla. 1st DCA 1997). § 924.051(3), Fla. Stat. (Supp.1996); Davis v. State, 704

Williams v. State

706 So. 2d 137, 1998 Fla. App. LEXIS 2029, 1998 WL 95308

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779094

Published

v. State, 688 So.2d 450 (Fla. 5th DCA 1997); § 924.051(9), Fla. Stat. (Supp.1996). Williams previously

L.R.J. v. State

706 So. 2d 72, 1998 Fla. App. LEXIS 1324

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 64779032

Published

FOR AN ALTERNATIVE RECOMMENDATION? 2. DOES SECTION 924.051(4), FLORI- ' DA STATUTES (SUPP.1996), APPLY

Schebel v. State

721 So. 2d 1177, 1998 WL 60458

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 1323403

Published

FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(b) AND SECTION 924.051, FLORIDA STATUTES (1995)? AFFIRMED in part

Matke v. State

765 So. 2d 52, 1998 Fla. App. LEXIS 1255, 1998 WL 55968

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64799613

Published

preserved for appellate review pursuant to section 924.051(3), Florida Statutes.

Harris v. State

705 So. 2d 711, 1998 Fla. App. LEXIS 1194, 1998 WL 55982

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64778756

Published

PER CURIAM. AFFIRMED. § 924.051, Fla. Stat. (Supp. 1996); Fla. R.App. P. 9.140(d). GRIFFIN, C.J., and

P.A. v. State

742 So. 2d 273, 1998 Fla. App. LEXIS 692, 1998 WL 31505

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 64791337

Published

preserve either issue below, as required by section 924.051(4), Florida Statutes (Supp. 1996), and objected

Jones v. State

702 So. 2d 1372, 1997 Fla. App. LEXIS 14986

District Court of Appeal of Florida | Filed: Dec 30, 1997 | Docket: 64777438

Published

PER CURIAM. AFFIRMED. § 924.051, Fla. Stat. (Supp. 1996). MICKLE, LAWRENCE and PADOVANO, JJ., concur

McDaniel v. State

704 So. 2d 686, 1997 Fla. App. LEXIS 14329, 1997 WL 783047

District Court of Appeal of Florida | Filed: Dec 23, 1997 | Docket: 64778359

Published

this issue was not preserved for review under section 924.051, Florida Statutes, since the appellant did

Dean v. State

702 So. 2d 1358, 1997 Fla. App. LEXIS 14567, 1997 WL 774681

District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 64777421

Published

the effective date of amendments found in section 924.051, Florida Statutes (Supplement 1996) 1 *1359Dean

Pritchard v. State

702 So. 2d 617, 1997 Fla. App. LEXIS 14065, 1997 WL 770549

District Court of Appeal of Florida | Filed: Dec 17, 1997 | Docket: 64777302

Published

State, 373 So.2d 898, 902 (Fla.1979); see also § 924.051(4), Fla. Stat. (Supp.1996). STONE, C.J., WARNER

Hardman v. State

701 So. 2d 1278, 1997 Fla. App. LEXIS 13951, 1997 WL 762023

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64777062

Published

v. State, 700 So.2d 728 (Fla. 5th DCA 1997); § 924.051, Fla. Stat.; Fla.App. R.P. 9.140(9). An examination

Kyles v. State

703 So. 2d 1155, 1997 Fla. App. LEXIS 13669, 1997 WL 759583

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64777920

Published

error was neither preserved nor fundamental. See § 924.051(l)(b), (3), Fla. Stat. (Supp.1996). REVERSED IN

Kent v. State

702 So. 2d 265, 1997 Fla. App. LEXIS 13615

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 64777191

Published

cannot subscribe to the obiter dicta regarding section 924.051(8), Florida Statutes (Supp.1996).

Colligan v. State

701 So. 2d 910, 1997 Fla. App. LEXIS 13372, 1997 WL 740691

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64776853

Published

Criminal Procedure 3.800. Fla. R.App. P. 9.1400(d); § 924.051(3), Fla. Stat. (Supp.1996). See Pryor v. State

Tobin v. State

701 So. 2d 914, 1997 Fla. App. LEXIS 13383, 1997 WL 740726

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64776861

Published

Fla. R.App. P. 9.140(d); Fla. R.Crim. P. 3.800; § 924.051(3) Fla. Stat. (Supp.1996). See Pryor v. State

B.D.W. v. State

701 So. 2d 629, 1997 Fla. App. LEXIS 12683

District Court of Appeal of Florida | Filed: Nov 10, 1997 | Docket: 64776779

Published

this issue because he failed to comply with section 924.051(4), Florida Statutes (Supp.1996). We have repeatedly

BDW v. State

701 So. 2d 629, 1997 WL 695015

District Court of Appeal of Florida | Filed: Nov 10, 1997 | Docket: 1155349

Published

this issue because he failed to comply with section 924.051(4), Florida Statutes (Supp.1996). We have repeatedly

Cook v. State

700 So. 2d 1255, 1997 Fla. App. LEXIS 12248, 1997 WL 683140

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 64776394

Published

PER CURIAM. AFFIRMED. See § 924.051, Fla. Stat. (Supp.1996); Neal v. State, 688 So.2d 392 (Fla. 1st

A.L.W. v. State

742 So. 2d 271, 1997 Fla. App. LEXIS 10566, 1997 WL 578660

District Court of Appeal of Florida | Filed: Sep 16, 1997 | Docket: 64791336

Published

has failed to preserve these issues under section 924.051(4), Florida Statutes (Supp. 1996). We reject

M.J.P. v. State

742 So. 2d 266, 1997 Fla. App. LEXIS 10234, 1997 WL 536011

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64791334

Published

issue was not preserved for appeal and that section 924.051, Florida Statutes (Supp.1996) applies to juveniles

A.L. v. State

743 So. 2d 532, 1997 Fla. App. LEXIS 8627, 1997 WL 423087

District Court of Appeal of Florida | Filed: Jul 29, 1997 | Docket: 64791730

Published

this issue because he failed to comply with section 924.051(4), Florida Statutes (Supp.1996). Based upon

K.A.S. v. State

742 So. 2d 264, 1997 WL 405957

District Court of Appeal of Florida | Filed: Jul 22, 1997 | Docket: 64791333

Published

issue for review according to the procedure in section 924.051(4), Florida Statutes (Supp.1996). See R.A.M

J.M.J. v. State

742 So. 2d 261, 1997 Fla. App. LEXIS 7724

District Court of Appeal of Florida | Filed: Jul 7, 1997 | Docket: 64791331

Published

that T.M.B. was incorrectly decided, and that section 924.051 does, in fact, apply to juvenile delinquency

G.S.C. v. State

742 So. 2d 264, 1997 Fla. App. LEXIS 7717, 1997 WL 370364

District Court of Appeal of Florida | Filed: Jul 7, 1997 | Docket: 64791332

Published

issue for review according to the procedure in section 924.051(4), Florida Statutes (Supp.1996). See R.A.M

Gainer v. State

697 So. 2d 1234, 1997 Fla. App. LEXIS 7577, 1997 WL 361463

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 64775363

Published

v. State, 688 So.2d 392 (Fla. 1st DCA 1997); § 924.051(3), Fla. Stat. (Supp.1996). MINER, ALLEN and LAWRENCE

R.A.M. v. State

695 So. 2d 1308, 1997 Fla. App. LEXIS 7240

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64774558

Published

here because of his failure to comply with section 924.051(4), Florida Statutes (Supp.1996). Although

Baldwin v. State

694 So. 2d 125, 1997 Fla. App. LEXIS 5871, 1997 WL 282328

District Court of Appeal of Florida | Filed: May 30, 1997 | Docket: 64773873

Published

denied, 684 So.2d 1352 (Fla.1996). See also § 924.051(1)(b) and (3), Fla.Stat. (Supp.1996). At trial

T.M.B. v. State

689 So. 2d 1215, 1997 Fla. App. LEXIS 2354

District Court of Appeal of Florida | Filed: Mar 13, 1997 | Docket: 64771816

Published

and that, because she did not comply with section 924.051(4), Florida Statutes (Supp.1996), sh.e may